Staley v. Illinois Threshermen's Mutual Insurance

Mr. Presiding Justice Shurtleff

delivered the opinion of the court.

The question in this case is raised as to the construction of section 32 of the Practice Act, Cahill’s St. ch. 110, ¶ 32, requiring plaintiff to file, with his declaration, copy of the instrument of writing on which the action is brought, ten days before the second term of court, or suffer judgment of dismissal, as in case of nonsuit. Appellant filed his suit in assumpsit to the September term, 1925, of the circuit court of McLean county, and summons was served and declaration filed more than ten days prior to that term. The…