Dana v. Adams
Illinois Supreme Court
This was an action of assumpsit, commenced in the McHenry Circuit Court by Adams, against L. D. Dana and another. Process was returned, served on L. D. Dana, Lorenzo Dana not found, at the January term, 1852, of that court. At the return term, the defendants both appeared by counsel, and filed a plea of non assumpsit, and also a special plea. To the plea of non assumpsit, the plaintiff added the similiter, and filed a demurrer" to the special plea.
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This was an action of assumpsit, commenced in the McHenry Circuit Court by Adams, against L. D. Dana and another. Process was returned, served on L. D. Dana, Lorenzo Dana not found, at the January term, 1852, of that court. At the return term, the defendants both appeared by counsel, and filed a plea of non assumpsit, and also a special plea. To the plea of non assumpsit, the plaintiff added the similiter, and filed a demurrer" to the special plea. The cause was continued to the March term, of the Circuit Court. At the March term, 1852, Wilson, Judge, presiding, the following order was…
1Opinion of the CourtTreat, C. J.
This was an action of assumpsit, brought by Adams against L. D. & L. Dana. But one of the defendants was served with process. Both appeared at the return term, and pleaded to the declaration. At the next term, a judgment by default was rendered against both, for the amount of the promissory note declared on. The entry of judgment was prefaced by this recital. “And now comes the plaintiff, by Church & Willard, his attorneys, and thereupon, come the defendants, by Smith, and withdraw the pleas filed herein by the said defendants, and also their appearance.”
It is insisted, that the plaintiff was…
2Cases cited1 opinion
- Ayres v. KelleyIllinois Supreme Court · 1849
3Cited by4 opinions
- De Recat Corp. v. DunnCalifornia Supreme Court · 1926
- Norris v. Merchants National BankAppellate Court of Illinois · 1889
- Kelly v. KellyAppellate Division of the Supreme Court of the State of New York · 1940
- Fardon v. Washington Loan & Trust Co.Court of Appeals for the D.C. Circuit · 1915