Robb v. Smith
Illinois Supreme Court
This cause was heard in the Court below, at the October term, 1839, before the Hon. Samuel H. Treat. Judgment was rendered for the plaintiff, for $189. The defendant appealed to this Court.
1Opinion of the CourtScates, Justice
A petition was filed in the Court below against the appellant, Robb, signed “John Smith, Sen., by Thomas Morgan, agent.” The appellant, Robb, moved the Court below to dismiss the suit, because it was not signed by the plaintiff himself, or any attorney of the Court; which motion the Court below denied. There were several other motions, pleadings, demurrer, &c., which were disposed of; and upon some of which, questions were made, and errors assigned, but none of which we deem it necessary to notice, except the first error assigned, which is, “ That the Court below overruled the motion to…
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