Ward v. Stanley
Appellate Court of Illinois
In error to the County Court of Cook County; the Hon. Richard Prendergast, Judge, presiding. Defendants in error brought suit in assumpsit against Margaret A. Ward, and Dennis Ward, the declaration filed containing the common counts only. The defendants entered their appearance and filed a plea of the general issue, and with it an affidavit by Dennis Ward that he had a good defense upon the merits to the whole of the plaintiff’s demand.
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In error to the County Court of Cook County; the Hon. Richard Prendergast, Judge, presiding. Defendants in error brought suit in assumpsit against Margaret A. Ward, and Dennis Ward, the declaration filed containing the common counts only. The defendants entered their appearance and filed a plea of the general issue, and with it an affidavit by Dennis Ward that he had a good defense upon the merits to the whole of the plaintiff’s demand. At the April term, the default of Margaret A. Ward was entered for want of affidavit of merits, and judgment was taken against her for $266.50. On the 20th of…
1Opinion of the CourtWaterman, P. J.
The rule is that in actions on contracts, recovery and judgments must be against all or none who are served with process or have appeared. Waugh v. Suter et al., 3 Ill. App. 271; Dow v. Rattle, 12 Ill. 373; Davidson v. Bond, 12 Ill. 84; Faulk v. Kellums, 54 Ill. 188; Kimball et al. v. Tanner, 63 Ill. 519; Felsenthal v. Durand, 86 Ill. 230.
Judgment should not have been entered against Margaret Ward without some disposition of the case as to Dennis Ward. It was error to enterjudgment against Margaret Ward and leave the case pending as to Dennis Ward until the ensuing term. The dismissal as to…
2Cases cited6 opinions
- Faulk v. KellumsIllinois Supreme Court · 1870
- Davidson v. BondIllinois Supreme Court · 1850
- Felsenthal v. DurandIllinois Supreme Court · 1877
- Dow v. RattleIllinois Supreme Court · 1851
- Waugh v. SuterAppellate Court of Illinois · 1878
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Woven Cord Bed Spring Co. v. CoxedgeAppellate Court of Illinois · 1893
- Vocke v. PetersAppellate Court of Illinois · 1895