Humphrey v. Phillips

The single question presented in this case arises on the demurrer to the plea in abatement.

The suit was commenced in the Superior Court of Chicago, and the summons was directed to the sheriff of McDonough county, and there served upon the defendant.

The declaration is in assumpsit,.and contains three-counts. The first count is on a draft payable at sight; the second is a common count, and the third is a count on an account stated. With the declaration was filed a copy of the draft, and the following statement: “ Copy of "draft sued on, and sole cause of action.”

The plea filed alleges that, at…