Spaulding v. Lowe
Illinois Supreme Court
Writ op error to the Circuit Court of Sangamon county; the Hon. Benjamin S. Edwards, Judge, presiding. This was an action of assumpsit, brought by Cynthia A. Spaulding and Henry G. Waldo, in the Sangamon Circuit Court, against Francis Low and Alonzo Glenn. A summons was directed to Mason county, where service was had. Defendants appeared and filed a plea in abatement, to the jurisdiction of the court, to which plaintiffs filed a general demurrer, which the court overruled.
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Writ op error to the Circuit Court of Sangamon county; the Hon. Benjamin S. Edwards, Judge, presiding. This was an action of assumpsit, brought by Cynthia A. Spaulding and Henry G. Waldo, in the Sangamon Circuit Court, against Francis Low and Alonzo Glenn. A summons was directed to Mason county, where service was had. Defendants appeared and filed a plea in abatement, to the jurisdiction of the court, to which plaintiffs filed a general demurrer, which the court overruled. Thereupon plaintiffs obtained leave and filed a replication. Defendant Glenn, filed a plea of discharge in bankruptcy,…
1Per curiam
It was error in the circuit court to give leave to reply, after overruling a demurrer to a plea in abatement, and this court has several times held this error to be cause of reversal. McKinstry v. Pennoyer, 1 Scam. 319; Motherell v. Beaver, 2 Gilm. 70. See also Eddy v. Brady, 16 Ill. 306. The error was not waived by anything subsequently done by defendants.
The judgment must be reversed, the verdict set aside, and judgment quashing the writ entered nunc pro tunc, upon the demurrer.
Judgment reversed.
2Cases cited1 opinion
- Eddy v. BradyIllinois Supreme Court · 1855
3Cited by1 opinion
- Hill v. TrappAppellate Court of Illinois · 1917