Cushman v. Savage
Illinois Supreme Court
All that is necessary to an understanding of this case will be found, stated in the opinion of the court.
1Opinion of the CourtBreese, J.
In this case there was a plea in abatement of the jurisdiction of the court, the plaintiff residing in La Salle, and the defendant in the county of Cass. To the plea the plaintiff demurred, and it was overruled, and the court granted plaintiff leave to reply.
This was erroneous. After a demurrer to a plea in abatement has been overruled, it is not regular for the court to grant leave to reply; for a judgment for the defendant, on such a plea, whether it be on an issue of fact or of law, is, that the writ be quashed. Tidd’s Practice, 642; 1 Ch. Pl. 501; Motherell v. Beavers, 2 Gilm. R. 69;…
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- Hill v. TrappAppellate Court of Illinois · 1917
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