Frazier v. Resor
Illinois Supreme Court
This was an action of assumpsit, brought in the Circuit Court of Pulaski county, by Wm. Resor & Go., against Ezra Dreher and Alexander Frazier. . A capias issued for Dreher and Frazier, returnable at the April term, 1858, which was returned, indorsed, “ Served by reading to one of the within named, to wit: Alexander Frazier, December the 31st, 1857.” The declaration complains of Dreher and Frazier as in custody, etc., of a plea of trespass on the case on promises.
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This was an action of assumpsit, brought in the Circuit Court of Pulaski county, by Wm. Resor & Go., against Ezra Dreher and Alexander Frazier. . A capias issued for Dreher and Frazier, returnable at the April term, 1858, which was returned, indorsed, “ Served by reading to one of the within named, to wit: Alexander Frazier, December the 31st, 1857.” The declaration complains of Dreher and Frazier as in custody, etc., of a plea of trespass on the case on promises. Frazier, by attorney, moved to discharge bail, which motion was sustained. A demurrer to the declaration was sustained, and leave…
1Opinion of the CourtCaton, C. J.
This was an action of assumpsit against two defendants, one of whom, only, was served with process. Judgment was rendered against both defendants for want of a plea, after a second demurrer to the declaration had been overruled, and the only question is, whether the appearance of the defendant not served, had been entered. The record shows that it had been, and there is nothing in the record to show that it was entered inadvertently and without authority, by the attorney who also appeared for the other defendant.
The first demurrer is entitled with the names of both defendants, and not with…
2Cited by4 opinions
- Meador v. ManloveSupreme Court of Kansas · 1916
- Abbott v. SempleIllinois Supreme Court · 1860
- Lake Erie & Western Railroad v. BraffordIndiana Court of Appeals · 1896
- Dawson v. BridgesAppellate Court of Illinois · 1886