Hoes v.Van Alstyne
Illinois Supreme Court
This was an action of assumpsit commenced by Isaac Yan Alstyne during his lifetime, against the defendant: During the pendency of the suit the plaintiff died, and his death was suggested, and the executors of the will were substituted as plaintiffs. No amendment of the declaration was made, nor was there any new declaration filed. The declaration was filed in the name of Isaac Van Alstyne during his lifetime.
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This was an action of assumpsit commenced by Isaac Yan Alstyne during his lifetime, against the defendant: During the pendency of the suit the plaintiff died, and his death was suggested, and the executors of the will were substituted as plaintiffs. No amendment of the declaration was made, nor was there any new declaration filed. The declaration was filed in the name of Isaac Van Alstyne during his lifetime. The trial was before the court, Hollister, Judge, without a jury, at June term, 1857, on the declaration and plea of the general issue. The only evidence was the. note and the…
1Opinion of the CourtCaton, C. J.
This declaration was in assumpsit. During the pendency of the action, the plaintiff died, and his representatives were made parties, under our statute, but the declaration was not amended by inserting their names as plaintiffs. The cause was tried upon the general issue, which was found for the plaintiffs, and it is now assigned for error, that their names were not inserted in the declaration. It has not been the practice, under our statute, where the representatives of a deceased party are made parties, to amend the declaration by the insertion of their names, nor do we think it required by…
2Cited by5 opinions
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