Gillilan v. Gray
Illinois Supreme Court
The process issued from McHenry to Kane county, and was there served. A declaration was filed ; to which a demurrer was interposed, assigning as special causes, that there was no averment in the declaration that the cause of action accrued in the county of McHenry. That there is no averment in the declaration that the plaintiffs, at the time of the commencement of the suit, were residents of the county of McHenry. The court sustained the demurrer, and dismissed the suit.
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The process issued from McHenry to Kane county, and was there served. A declaration was filed ; to which a demurrer was interposed, assigning as special causes, that there was no averment in the declaration that the cause of action accrued in the county of McHenry. That there is no averment in the declaration that the plaintiffs, at the time of the commencement of the suit, were residents of the county of McHenry. The court sustained the demurrer, and dismissed the suit. The plaintiffs below excepted, and sued out this writ of error. The cause was heard before J. G. Wilson, Judge, at March…
1Opinion of the CourtTreat, C. J.
The special causes of demurrer presented no valid objection to the declaration. Under the decision of this court, in the case of Kenney v. Greer, 13 Illinois, 432, where process issues to a foreign county, the declaration need not contain any averment as to the residence of the plaintiff, or the accruing of the cause of action. If the cause of action does not arise in the county in which the suit is brought, or the plaintiff does not reside there when it is commenced, the objection must be taken advantage of by motion, or by plea in abatement. Such an objection is of a dilatory character, and…
2Cited by8 opinions
- Winn v. VogelAppellate Court of Illinois · 1952
- Dever v. BowersAppellate Court of Illinois · 1950
- Hardy v. AdamsIllinois Supreme Court · 1868
- Toledo, Wabash & Western Railway Co. v. WilliamsIllinois Supreme Court · 1875
- Kincaid v. StorzMissouri Court of Appeals · 1893
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