Linton v. Anglin
Illinois Supreme Court
Linton, as administrator of Nott, deceased, sued Anglin in the Clark Circuit Court, for the sum of $535 18, in an action of debt. The declaration avers that plaintiff resided in the county of Clark, at the time of the commencement of the suit. The process, which was a capias ad res: was issued to Coles county, and executed there. The pleadings were heard before Wilson, Justice, at May term, 1848. Linton sued out the writ of error.
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Linton, as administrator of Nott, deceased, sued Anglin in the Clark Circuit Court, for the sum of $535 18, in an action of debt. The declaration avers that plaintiff resided in the county of Clark, at the time of the commencement of the suit. The process, which was a capias ad res: was issued to Coles county, and executed there. The pleadings were heard before Wilson, Justice, at May term, 1848. Linton sued out the writ of error. The errors assigned, are the overruling of the demurrer to the plea in abatement, and in not giving judgment for plaintiff, on the demurrer.
1Opinion of the CourtCaton, J.
The declaration in this case, shows that the cause of action arose in the county .of Clark, and that the plaintiff was a resident of that county. This, according to the uniform decisions of this Court, authorized the process to be issued to a foreign county. The defendant filed a plea in abatement, averring that the writ was issued to, and served upon him in the county of Coles, and that he was not a resident of that county, to which a demurrer was filed, which was overruled by the ‘Court, and the plea held to be good.
This is assigned for error. The statute .provides that “ it •shall not be…
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