Funk v. Ironmonger
Illinois Supreme Court
Writ op,Error to the Circuit Court of Morgan county; the Hon. Cyrus Epi.ee, Judge, presiding. This was an action of assumpsit, by Joseph J. Ironmonger, against Henry B. Funk. The suit ivas commenced April 3, 1872, and summons issued to the sheriff of Morgan county, which was returned not found. An alias summons issued August 31, 1872, to Morgan county, which was returned not served.
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Writ op,Error to the Circuit Court of Morgan county; the Hon. Cyrus Epi.ee, Judge, presiding. This was an action of assumpsit, by Joseph J. Ironmonger, against Henry B. Funk. The suit ivas commenced April 3, 1872, and summons issued to the sheriff of Morgan county, which was returned not found. An alias summons issued August 31, 1872, to Morgan county, which was returned not served. At the December term, 1872, on motion, it was ordered that the cause be continued with alias summons to Macon county, which was served in that county April 30, 1873. The defendant, at the next term, pleaded in…
1Per curiam
This suit was commenced April 3,1872, by the issuing of summons out of the circuit court of Morgan county, and is to be governed by the statute in force at that time. The plea in abatement contains no averment that the plaintiff was not a resident of that county, or that the contract was not made therein. It was, for that reason, bad, and the demurrer to it was properly sustained. The judgment will therefore be affirmed.
Judgment affirmed.
2Cited by1 opinion
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