Mahony v. Davis
Illinois Supreme Court
Writ of Error to the Superior Court of Chicago. This was an action in assumpsit, brought in the court below, by the defendants in error against the plaintiff in error, to recover for a quantity of cheese, alleged to have been sold to him under a contract made with them in Cook county. The defendant resided in La Salle county, and was sued in Cook county, and process sent to, and served upon him in La Salle county.
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Writ of Error to the Superior Court of Chicago. This was an action in assumpsit, brought in the court below, by the defendants in error against the plaintiff in error, to recover for a quantity of cheese, alleged to have been sold to him under a contract made with them in Cook county. The defendant resided in La Salle county, and was sued in Cook county, and process sent to, and served upon him in La Salle county. The question, therefore, of the jurisdiction of the court below over the defendant, is the sole question presented.
1Opinion of the CourtJustice Lawrence
The only question presented by this record is, whether a person living in La Salle county, and giving an order in that county to a traveling agent of a Chicago merchant, upon which goods are sent to such person in La Salle county, renders himself liable to be sued in Cook county, and have process sent and served in La Salle. Prior to the act of 1861, it was lawful to bring suit in the county of the plaintiff, and send process to any other county in the State, provided the cause of action accrued in the county of the plaintiff. It was also lawful to bring suits in the county where a contract…
2Cited by9 opinions
- The People v. MetcoffIllinois Supreme Court · 1946
- David M. Force Manufacturing Co. v. HortonIllinois Supreme Court · 1874
- Jones v. BuffumIllinois Supreme Court · 1869
- Union Insurance v. CrosbyIllinois Supreme Court · 1898
- Photo Cines Co. v. American Film Manufacturing Co.Appellate Court of Illinois · 1914
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