Eau Claire Canning Co. v. Western Brokerage Co.
Illinois Supreme Court
Writ or Error to the Appellate Court for the First District ;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Jonas Hutchinson, Judge, presiding.
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Writ or Error to the Appellate Court for the First District ;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Jonas Hutchinson, Judge, presiding. This is an action of assumpsit, brought by writ of attachment November 11,1901,- in the Superior Court of Cook cotinty by the defendant in error, the Western Brokerage Company, a corporation organized under the laws of Iowa, against the plaintiff in error, the Eau Claire Canning Company, a corporation organized under the laws of Michigan, (the latter corporation being engaged in canning tomatoes and other vegetables…
1Opinion of the CourtJustice Magruder
First—At the December term, 1904, of this court, the defendant in error, the Western Brokerage Company, made a motion to dismiss the writ of error herein, which motion was reserved to the hearing, and will now be considered.
The ground, upon which it is sought to dismiss the writ of error, as the same is stated in the motion, is as follows: “For the reason that it appears from the record herein that at > and prior to the time of the suing out of said writ of error, the plaintiff in error was civilly dead and absolutely extinct, and for that reason incapable of suing out said writ of error.”
The…
2Cases cited20 opinions
- Life Ass'n of America v. FassettIllinois Supreme Court · 1882
- Pope v. HankeIllinois Supreme Court · 1894
- Lonergan v. StewartIllinois Supreme Court · 1870
- Wilson v. RootsIllinois Supreme Court · 1887
- Bailey v. BensleyIllinois Supreme Court · 1877
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