Downey v. Smith
Illinois Supreme Court
This suit was commenced in August, A. D. 1850, by a capias, on which the defendant was arrested, and released from custody by giving bail; at the October term no declaration was filed, and the cause was continued; no courts were actually held until the next August thereafter.
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This suit was commenced in August, A. D. 1850, by a capias, on which the defendant was arrested, and released from custody by giving bail; at the October term no declaration was filed, and the cause was continued; no courts were actually held until the next August thereafter. A declaration was filed on the 31st day of July, 1851. At the next term after the filing of the decíaration, a motion was made for a judgment, as in case of nonsuit, or in other words, to dismiss the suit, because no declaration had been filed before the second term of the court, three terms having intervened between the…
1Opinion of the CourtTrumbull, J.
This was an action of trespass commenced at the October term, 1850, of the Circuit Court of Jo Daviess county. The process was served September 13,1850. No declaration was filed in the case till July 31,1851. At the August term following, three terms of the court having in the mean time intervened, though one only had been actually held, the defendant moved to dismiss the cause because no declaration had been filed before the second term of the court after the commencement of the action.
• This motion the Circuit Court denied, and its denial presents the only question in the case.
It is…
2Cited by3 opinions
- Herring v. QuimbyIllinois Supreme Court · 1863
- English v. WilkinsIllinois Supreme Court · 1896
- Johnson v. NobleAppellate Court of Illinois · 1890