Legal Opinion

Fleming v. Ross

Appellate Court of Illinois

Decided March 15, 1906No. Gen. No. 12,337Published

Action of assumpsit. Appeal from the Circuit Court of Cook County; the Hon. Frederick A. Smith, Judge, presiding. Heard in this court at the March term, 1905. Statement by the Court. December 2, 1901, appellant brought an action in assumpsit against Henry O. Ross, Alexander H. Seelye and D. Flanner, but obtained service upon Ross only.

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Action of assumpsit. Appeal from the Circuit Court of Cook County; the Hon. Frederick A. Smith, Judge, presiding. Heard in this court at the March term, 1905. Statement by the Court. December 2, 1901, appellant brought an action in assumpsit against Henry O. Ross, Alexander H. Seelye and D. Flanner, but obtained service upon Ross only. The declaration counted upon two promissory notes executed December 27, 1890, at Wausau, Wisconsin, by the three defendants by the name of Flanner, Seelye & Ross, payable at Wausau to the order of P. B. Champagne; one for the sum of $4,332.33, due in one year…

1Opinion of the CourtJustice Ball

delivered the option of the.court.

Appellant says: “The sole question, therefore, presented by this record for review is the propriety of the action of the trial court in sustaining1 the general demurrer of appellee to the first replication of appellant to the first additional plea of appellee to the declaration as amended, and its action, in pursuance thereof, in rendering judgment in favor of appellee and against appellant?”

Appellee presents the issue in the following language r “The question now before this court is," does the judgment obtained against Seelye alone, in the suit where he…

2Cases cited5 opinions

  1. Coates v. PrestonIllinois Supreme Court · 1882
  2. Sandusky v. SidwellIllinois Supreme Court · 1898
  3. Page v. BrantIllinois Supreme Court · 1856
  4. Sherburne v. HydeIllinois Supreme Court · 1900
  5. Evans v. GillIllinois Supreme Court · 1860

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