Oakes v. Ward
Illinois Supreme Court
ERROR TO GALLATIN. The defendants in error sued the plaintiff and one Cyrus Thayer, in an action of debt, upon a judgment obtained in the State of Ohio. Plaintiff only was served with process, and pleaded, in abatement of the suit, that Thayer died in the State of New York, before the commencement of the suit, which plea defendants traversed, and issue was joined upon the plea.
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ERROR TO GALLATIN. The defendants in error sued the plaintiff and one Cyrus Thayer, in an action of debt, upon a judgment obtained in the State of Ohio. Plaintiff only was served with process, and pleaded, in abatement of the suit, that Thayer died in the State of New York, before the commencement of the suit, which plea defendants traversed, and issue was joined upon the plea. The cause was submitted to the court for trial at the May term, 1857, of the Gallatin Circuit Court, when judgment was rendered, in favor of the defendants, for ¡§1,568.99. The only evidence in the case is as follows:…
1Opinion of the CourtCaton, C. J.
In this case the judgment was for more damages than were claimed in the declaration, and for that reason the judgment must be reversed and the cause remanded.
Judgment reversed.
2Cited by2 opinions
- Hichins v. LyonIllinois Supreme Court · 1864
- Foreman v. SawyerIllinois Supreme Court · 1874