Wilson v. Myrick
Illinois Supreme Court
This was an action of debt against principal and surety on a bail bond, brought in the name of John L. Wilson, sheriff of Cook county, for the use, etc. The defendant Myrick, the surety, filed divers pleas to plaintiff’s declaration, among which was the general issue of non est factum, upon which issue was joined. The plaintiff demurred to divers others of the pleas.
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This was an action of debt against principal and surety on a bail bond, brought in the name of John L. Wilson, sheriff of Cook county, for the use, etc. The defendant Myrick, the surety, filed divers pleas to plaintiff’s declaration, among which was the general issue of non est factum, upon which issue was joined. The plaintiff demurred to divers others of the pleas. Upon the argument of the demurrers, the court carried the demurrers back to the declaration, decided that it was insufficient in law, and entered judgment for defendant. The defendant below brings the case to this court, and…
1Opinion of the CourtCaton, C. J.
In the case of Wear v. Jacksonville and Savannah Railroad Company, 24 Ill. 593, we held that when a plea of the general issue is put in to the whole of a declaration, a demurrer to a plea cannot be carried back to the declaration, upon the well settled ground that you cannot plead and demur to the same pleading at the same time. We have in this case been requested to reconsider that decision, and we have done so with attention, and in the light of the decisions to which we were referred, holding a different rule. We are now prepared to adhere to the rule laid down in that case, as being well…
2Cases cited1 opinion
- Wear v. Jacksonville & Savannah RailroadIllinois Supreme Court · 1860
3Cited by6 opinions
- Chicago & Alton Railroad v. ClausenIllinois Supreme Court · 1898
- Hargett v. BeardsleyOregon Supreme Court · 1898
- Henning v. SampsellIllinois Supreme Court · 1908
- Clark v. City of ChicagoIllinois Supreme Court · 1895
- Harding v. R. S. Peale Co.Appellate Court of Illinois · 1892
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