Howe v. Thayer
Illinois Supreme Court
This was an action of assumpsit. The declaration contains two special counts, and a count for money had and received, and a count for an account stated.
Read the full summary
This was an action of assumpsit. The declaration contains two special counts, and a count for money had and received, and a count for an account stated. The defendant pleaded in abatement as follows: STATE OF ILLINOIS, i In the Superior Court of Chicago, cook county, ss. j November Term, A. D. 1859. And now the said defendant, J. H. Howe, in his own proper person, comes and says that this court ought not to have or take further cognizance of the action aforesaid; as to the said sup- 1 posed causes of action mentioned in said plaintiff’s declaration, because he says that before and at the time…
1Opinion of the CourtWalker, J.
This record presents the question, whether a plea to the jurisdiction of the court, in the nature of a plea in abatement, must be verified by affidavit. This must depend upon the construction of the first section of chapter one (Scates’ Comp. 247), which is this : “ No plea in abatement, other than a plea to the jurisdiction of the court, or when the matters relied upon to establish the truth of such plea appear of record, shall be admitted or received, by any court of this State, unless the party offering the same, or some other person for him, file an affidavit of the.truth thereof.”…
2Cited by7 opinions
- Drake v. DrakeIllinois Supreme Court · 1876
- Pooler v. SouthwickAppellate Court of Illinois · 1906
- Beck & Pauli Lithographing Co. v. Monarch Brewing Co.Appellate Court of Illinois · 1907
- American Spirits Manufacturing Co. v. Peoria Belt Railway Co.Appellate Court of Illinois · 1910
- Bannat v. ZulleyAppellate Court of Illinois · 1927
2 more not listed; retrieve them via the Exa API.