Halley v. Ball
Illinois Supreme Court
Appeal from the Circuit Court of Kane county; the Hon. Silvanus Wilcox, Judge, presiding. This was an action of assumpsit, brought in the court below, by John Halley against Eliza Ball. The defendant filed pleas of coverture, to which the plaintiff replied, and issue was joined. Subsequently, on motion of the defendant, the court ordered the replications to be stricken from the files. Thereupon judgment was entered against the plaintiff, from which he appealed.
1Opinion of the CourtJustice Scott
Issues having been joined upon the replications to the pleas of covertwre, the court, on motion of appellee, struck the same from the files. This action of the court is the principal cause of error assigned to which our attention has been called, and is the only one deemed material to be considered in the decision of the case.
The fourth and fifth pleas are, in substance, the same, and in them it is averred that, at the date of the making of the several alleged contracts, appellee was and still is a married woman living with her husband. The replications to these pleas set forth, by way of…
2Cases cited3 opinions
- Hayner v. SmithIllinois Supreme Court · 1872
- Cookson v. TooleIllinois Supreme Court · 1871
- Carpenter v. MitchellIllinois Supreme Court · 1869
3Cited by5 opinions
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- Haight v. McVeaghIllinois Supreme Court · 1873
- Garland v. PeeneyAppellate Court of Illinois · 1878
- Furness v. McGovernIllinois Supreme Court · 1875