Hawkins v. Albright
Illinois Supreme Court
Writ of Error to thé Circuit Court of Kankakee county; the Hon. Charles H. Wood, Judge, presiding. This was an action commenced by attachment, by the defendants in error against the plaintiff in error. The opinion of the court presents the necessary facts to an understanding of the case.
1Opinion of the CourtJustice Scholfield
Appellees filed a plea in abatement, traversing the matters alleged in the affidavit, and, subsequently, and before this plea was disposed of, they filed a plea of non-assumpsit to the declaration. Appellant moved to strike the plea in abatement from the files, but the court overruled the motion, and submitted the issues on both pleas to the same jury. Exception was taken to this, and this ruling of the court is the principal error complained of.
At common law, the filing of a plea in bar, before a plea in abatement was disposed of, was a waiver of the plea in abatement. But while this plea is…
2Cases cited2 opinions
- Stillson v. HillIllinois Supreme Court · 1857
- Moeller v. QuarrierIllinois Supreme Court · 1853
3Cited by6 opinions
- Derk P. Yonkerman Co. v. Charles H. Fuller's Advertising AgencyU.S. Circuit Court for the Northern District of Illnois · 1905
- Page v. DillonAppellate Court of Illinois · 1895
- Auerbach v. ArguellesAppellate Court of Illinois · 1899
- Daniels v. SolomonCourt of Appeals for the D.C. Circuit · 1897
- Ricker v. ScofieldAppellate Court of Illinois · 1888
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