Menke v. Barnhart
Appellate Court of Illinois
Assumpsit. Error to the Superior Court of Cook county; the Hon. Ben M. Smith, Judge, presiding. Heard in this court at the March term, 1907.
1Opinion of the CourtJustice Brown
The ground of the complaint by the plaintiff in error in this cause is that the trial judge in the Superior Court, over objection and exception, allowed a motion of the defendant in error, who had in that court sued the plaintiff in error in assumpsit, to dismiss the suit, thus carrying with it a claim in set-off made in the case by proper notice by the defendant, the plaintiff in error here. The g-eneral rule allows a plaintiff to control the disposition of his case in this respect, but the statute (section 30 of the Practice Act then in force) provides that when a plea or notice of set-off…
2Cases cited5 opinions
- Bailey v. Valley National BankIllinois Supreme Court · 1889
- Stickney v. GoudyIllinois Supreme Court · 1890
- Sheldon v. PattersonIllinois Supreme Court · 1870
- City of East St. Louis v. ThomasIllinois Supreme Court · 1882
- United States Savings Institution v. BrockschmidtIllinois Supreme Court · 1874
3Cited by1 opinion
- Cuneo Press v. Claybourn CorporationCourt of Appeals for the Seventh Circuit · 1937