Randolph v. Emerick
Illinois Supreme Court
This was an action of assumpsit brought by Randolph against Bmeiack in the McDonough Circuit Court. The declaration contained two counts, one against Emerick as an indorser of a promissory note, and the other for money paid, laid out, and expen¿e¿_ To this declaration a demurrer was filed, and sustained to the count against the indorser. Randolph, on leave of the court, amended his declaration, and filed three new counts, all declaring against Emerick as indorser.
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This was an action of assumpsit brought by Randolph against Bmeiack in the McDonough Circuit Court. The declaration contained two counts, one against Emerick as an indorser of a promissory note, and the other for money paid, laid out, and expen¿e¿_ To this declaration a demurrer was filed, and sustained to the count against the indorser. Randolph, on leave of the court, amended his declaration, and filed three new counts, all declaring against Emerick as indorser. Emerick filed a demurrer to the first and third of the amended counts, and moved to have the second amended count struck from the…
1Opinion of the CourtTreat, C. J.
Randolph brought an action of assumpsit against Emerick. The defendant filed a demurrer to the declaration, which was sustained to the first count, and overruled as to the second count. The plaintiff then amended his declaration by the addition of two new counts; and a demurrer was sustained to one of them, and overruled as to the other. At the next term, a judgment by default was rendered against the defendant. It was set aside on his application; and he then entered a motion to dismiss the suit, because no bond for costs had been filed. The court sustained the motion, and dismissed the…
2Cited by19 opinions
- Nicholls v. BarrickSupreme Court of Colorado · 1900
- Burke v. Chicago & Northwestern R. R. Co.Appellate Court of Illinois · 1903
- Moore v. WilliamsIllinois Supreme Court · 1890
- Lloyd v. SanduskyIllinois Supreme Court · 1903
- Metzger v. MorleyIllinois Supreme Court · 1900
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