Goetz v. Sona
Appellate Court of Illinois
Assumpsit, on~a written order, etc. Appeal from the County Court of Moultrie County; the Hon. Isaac Hudson, Judge, presiding. Heard in this court at the November term, 1895.
1Opinion of the CourtJustice Wall
This was assumpsit to recover $265 upon a written order and contract signed by the defendant for a tombstone to be erected at the grave of her deceased husband.
She filed a plea of non-assumpsit and a special plea alleging that her signature to the order was fraudulently obtained. After the jury had been selected she withdrew the plea of non-assumpsit and relief upon the special plea. Having thus assumed the affirmative she was permitted to open, and close the argument to the jury. Complaint is now made of this ruling but without just cause.
The mere fact that the general issue is not withdrawn…
2Cited by1 opinion
- Gardner v. GirtinAppellate Court of Illinois · 1897