Holloway v. Freeman
Illinois Supreme Court
This was an action of assumpsit on a promissory note, brought in the County Court of Peoria county, by Freeman, against Holloway & Bogges. The summons was issued June 17,1858, and was directed to the sheriff of Warren county, by whom it was served on the 23rd June, 1858, returnable on the first Monday in July.
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This was an action of assumpsit on a promissory note, brought in the County Court of Peoria county, by Freeman, against Holloway & Bogges. The summons was issued June 17,1858, and was directed to the sheriff of Warren county, by whom it was served on the 23rd June, 1858, returnable on the first Monday in July. The declaration is in the usual form, and contains a copy of the note, which is as follows: “8401. Peoria, April 24th, 1857. One year after date, we promise to pay to the order of Alfred Freeman, four hundred and one dollars, for value received, hearing interest at six per cent, from…
1Opinion of the CourtBreese, J.
The motion to dismiss, was not based upon any defects or objectionable matter appearing upon the face of the papers, and was consequently, not regular or proper. The cross-motion to strike it from the files expressly refers to rules four and seven of the court, and makes therefore, those rules a part of the motion. What those rules are, we have no means of knowing, as they are not copied into the record. We will presume however, that the court below, under those rules, had sufficient reason for entertaining the cross-motion and striking the motion to dismiss from the files.
That the County…
2Cited by13 opinions
- Greer v. YoungIllinois Supreme Court · 1887
- Bacon v. SchepflinIllinois Supreme Court · 1900
- Conway v. SextonIllinois Supreme Court · 1909
- Davids v. PeopleIllinois Supreme Court · 1901
- Windett v. HamiltonIllinois Supreme Court · 1869
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