Stillson v. Hill
Illinois Supreme Court
This case is stated in the opinion of the court. The cause was tried before. Cotton, Judge, of the LaSalle County Court, and a jury, at December term, 1855, of that court. There was a judgment in favor of the plaintiff below for $371.34, and costs. A motion for a new trial was denied. The county court refused to instruct the jury, that the plea in abatement was not waived, by the filing of the plea of the general issue.
1Opinion of the CourtSkinner, J.
Hill sued Hallock and Stillson in assumpsit, declaring against them as partners. Stillson filed a plea in abatement, denying the alleged partnership, and also a plea of non-assumpsit. The court treating the plea in abatement as waived by the plea to the action, the cause was tried upon the general issue and judgment rendered for the plaintiff. The question for determination is, whether Stillson by his plea of non-assumpsit waived his plea in abatement..
At common law, pleas in abatement are regarded as dilatory defenses, which do not go to the merits of the action, and operate, if sustained,…
2Cited by5 opinions
- Zuel v. BowenIllinois Supreme Court · 1875
- Hawkins v. AlbrightIllinois Supreme Court · 1873
- Gardner v. Northwestern Manufacturing Co.Illinois Supreme Court · 1869
- Sears Roebuck & Co. v. WolfAppellate Court of Illinois · 1927
- State Bank v. BakerbowerAppellate Court of Illinois · 1929