Scott v. Waller
Illinois Supreme Court
Appeal to the Superior Court of Cook county; the Hon. Lambert Tree, Judge, presiding. This was an action of assumpsit, by James B. Waller and Alexander J. Alexander, executors, etc., against the appellant, upon a promissory note.
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Appeal to the Superior Court of Cook county; the Hon. Lambert Tree, Judge, presiding. This was an action of assumpsit, by James B. Waller and Alexander J. Alexander, executors, etc., against the appellant, upon a promissory note. The appellant, defendant below, filed a plea in abatement, which, after the proper entitling, was as follows: “And the defendant, Matthew T. Scott, in his own proper person, comes and says that this court ought not to have or take further cognizance of the action aforesaid, because, he says, that before and at the time of the commencement of this suit, the said…
1Opinion of the CourtJustice Breese
This is an appeal from the Superior Court of Cook county. The only question made on the record is as to the validity of defendant’s plea, which both parties agree in denominating a plea to the jurisdiction of the Superior Court, which, under the authority of Kenney et ux. v. Greer, 13 Ill. 432, it is not, but simply a plea in abatement, going to the writ, and to that only.
The plea avers, in substance, that the defendant was, before and at the time of the commencement of the suit, and at all times thereafter, a resident of McLean county, and was not a resident of Cook county, and that he was…
2Cases cited1 opinion
- Kenney v. GreerIllinois Supreme Court · 1851
3Cited by6 opinions
- Winn v. VogelAppellate Court of Illinois · 1952
- Gemmill v. SmithIllinois Supreme Court · 1916
- Campbell v. HudsonMichigan Supreme Court · 1895
- Field v. ShoopAppellate Court of Illinois · 1880
- Ideal Laundry & Dry Cleaning Co. v. MacKowiakIndiana Court of Appeals · 1924
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