Safford v. Sangamo Insurance
Illinois Supreme Court
Appeal from the Circuit Court of Sangamon county; the Hon. Charles S. Zane, Judge, presiding. This was an action of assumpsit, brought by appellee, in the circuit court of Sangamon county. Summons was issued to the sheriff of Alexander county, and by him returned duly served on defendants in that county.
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Appeal from the Circuit Court of Sangamon county; the Hon. Charles S. Zane, Judge, presiding. This was an action of assumpsit, brought by appellee, in the circuit court of Sangamon county. Summons was issued to the sheriff of Alexander county, and by him returned duly served on defendants in that county. Defendants filed a plea asking judgment of “the writ and declaration,” and stating, among other things, that they were residents of Alexander county and not of Sangamon county, and that the only service of summons upon them was had in Alexander county and not in Sangamon, and praying judgment…
1Opinion of the Court
Per Curiam :
The plea was not faulty. The objections presented on special demurrer were not material, and it was error to sustain the demurrer. Drake v. Drake, 83 Ill. 528. Had the grounds for special demurrer been tenable, the application to amend should have been allowed. This plea was not strictly a plea in abatement. Its effect, if sustained, would not have been mere delay—it would have given defendants a right to have the trial in their own county. This plea is meritorious, and was necessary to the protection of a substantial right granted by statute. The exception, in the statute of…
2Cited by7 opinions
- Pooler v. SouthwickAppellate Court of Illinois · 1906
- Kamp v. BartlettAppellate Court of Illinois · 1911
- Spencer v. Ætna Indemnity Co.Illinois Supreme Court · 1907
- Kankakee Drainage District v. Commissioners of Lake Fork Special Drainage DistrictAppellate Court of Illinois · 1888
- Hobson v. TrittAppellate Court of Illinois · 1897
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