Legal Opinion

Diblee v. Davison

Illinois Supreme Court

Decided April 15, 1861PublishedCited by 8 opinions

This was a declaration in assumpsit. Two counts on note and indorsements, and common counts. Note does not show where made or where payable. Note signed by, and declaration filed against, E—— D. Davison. A summons issued January 22, 1859, to Woodford county, returnable to March term, served February 12th by sheriff of Woodford county, who returns the full name of defendant, Ezra D. Davison.

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This was a declaration in assumpsit. Two counts on note and indorsements, and common counts. Note does not show where made or where payable. Note signed by, and declaration filed against, E—— D. Davison. A summons issued January 22, 1859, to Woodford county, returnable to March term, served February 12th by sheriff of Woodford county, who returns the full name of defendant, Ezra D. Davison. A summons also issued January 29th, 1859, to Marshall county, served by sheriff of Marshall county, February 9th, 1859, and full name of defendant given in return as above. A motion was made to amend…

1Opinion of the CourtWalker, J.

This was an action of assumpsit. The declaration contained two special and the common counts. The defendant interposed a plea in abatement to each writ that the defendant was not a resident of the county of Peoria, and was not served with process within that county, and “ that the contract, promises and moneys were not made specifically payable in the county of Peoria; and that at the commencement of. the suit, plaintiffs were not, nor since have been residents of Peoria county.” To these pleas defendants filed demurrers, which were answered, and the suit was abated. From that decision the…

2Cited by8 opinions

  1. Humphrey v. PhillipsIllinois Supreme Court · 1870
  2. Ritchie v. CarpenterWashington Supreme Court · 1891
  3. Antene v. JensenSupreme Court of Oklahoma · 1915
  4. United States ex rel. Strait v. United States Fidelity & Guaranty Co.Supreme Court of Vermont · 1907
  5. Emery County v. BurresenUtah Supreme Court · 1896

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