Pierson v. Finney
Illinois Supreme Court
Appeal from the Livingston County Circuit Court; the Hon. Charles K. Starr, Judge, presiding. This was an action of assumpsit brought in the Circuit Court of McDonough county, by attachment. The declaration was filed in that court, and by its order, the venue was changed to Livingston county, on motion of the plaintiff. The affidavit for the attachment stated the debt to be due from the defendants, at fifteen hundred and forty-six dollars and thirty-five cents.
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Appeal from the Livingston County Circuit Court; the Hon. Charles K. Starr, Judge, presiding. This was an action of assumpsit brought in the Circuit Court of McDonough county, by attachment. The declaration was filed in that court, and by its order, the venue was changed to Livingston county, on motion of the plaintiff. The affidavit for the attachment stated the debt to be due from the defendants, at fifteen hundred and forty-six dollars and thirty-five cents. The declaration in the conclusion claimed damages to one thousand five hundred and fifty dollars. The defendants, in the Livingston…
1Opinion of the CourtJustice Breese
The first objection taken in the case, that a change of venue was ordered on motion of the plaintiff, without any cause assigned, is not tenable, for the record shows the change of venue was by consent. It is competent for parties, at any and all times, to change the venue of a cause by consent, without any petition to the court or other proceeding than having the consent entered of record.
There is, however, one error in the record which must be fatal. The declaration is in assumpsit, wherein the damages claimed are laid at one thousand five hundred and fifty dollars, and there is a judgment…
2Cited by2 opinions
- Ex parte RiceSupreme Court of Alabama · 1893
- Krumser v. Meeker-Magner Co.Appellate Court of Illinois · 1920