Jones v. Barmm
Illinois Supreme Court
Appeal from the Branch Appellate Court for the First District;—heard in that court on writ of error to the Circuit Court of Cook county; the Hon. E. F. Dunne, Judge, presiding. Appellant, Albert C. Jones, began an action on a case in the circuit court of Cook county against one Frank H. Barmm. On March 11, 1903, after the commencement of the suit, Frank H. Barmm died. His administratrix was substituted as party defendant and a summons was issued against her.
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Appeal from the Branch Appellate Court for the First District;—heard in that court on writ of error to the Circuit Court of Cook county; the Hon. E. F. Dunne, Judge, presiding. Appellant, Albert C. Jones, began an action on a case in the circuit court of Cook county against one Frank H. Barmm. On March 11, 1903, after the commencement of the suit, Frank H. Barmm died. His administratrix was substituted as party defendant and a summons was issued against her. On July 21, 1903, she filed her plea in abatement, alleging the death of Frank H. Barmm, and that the cause of action set forth in the…
1Opinion of the CourtJustice Wilkin
The sole question is whether or not the action was one which survived. The declaration alleges that Barmm, on July 1, 1902, began and instituted a persistent and malicious interference with plaintiff’s business, by ejecting one of the plaintiff’s customers from his place of business by denying and barring entrance to plaintiff’s place of business to a customer ; by falsely representing that plaintiff had removed his place of business; by bringing a reporter of a newspaper to take a picture of plaintiff while he was engaged with a customer, and suddenly throwing open the door to plaintiff’s…
2Cited by26 opinions
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- Wilcox v. BierdIllinois Supreme Court · 1928
- McDaniel v. BullardIllinois Supreme Court · 1966
- Publix Cab Co. v. Colorado National Bank of DenverSupreme Court of Colorado · 1959
- Moore v. BackusCourt of Appeals for the Seventh Circuit · 1935
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