Cover v. Armstrong
Illinois Supreme Court
Writ of Error to the Circuit Court of Knox county; the Hon. Arthur A. Smith, Judge, presiding. This was a suit in attachment, brought by the plaintiff in error against the defendant in error. The cause of attachment was, that Armstrong had departed from this State with the intention of having his effects removed from the State to the injury of the plaintiff, and that defendant was a non-resident of the State.
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Writ of Error to the Circuit Court of Knox county; the Hon. Arthur A. Smith, Judge, presiding. This was a suit in attachment, brought by the plaintiff in error against the defendant in error. The cause of attachment was, that Armstrong had departed from this State with the intention of having his effects removed from the State to the injury of the plaintiff, and that defendant was a non-resident of the State. The defendant pleaded in abatement of the writ, “ because, he says, that at the time of the said writ of attachment against him, he had not departed from this State, with the intention…
1Opinion of the Court
Per Curiam :
The demurrer to the plea in abatement was properly overruled. The plea denies the non-residence of the defendant, but denies it argumentatively. For this reason it was liable to a special demurrer. The demurrer in this case was special, but did not specify this as a ground of demurrer. The demurrer was therefore properly overruled. The facts stated in the plea show the defendant was not a non-resident of the State when the action was commenced. If the defendant was not content with this argumentative denial of the affidavit, he should have stated that as one of the causes of a…
2Cited by3 opinions
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- Phoenix Insurance v. HedrickAppellate Court of Illinois · 1898
- Wright v. CraigAppellate Court of Illinois · 1904