Sullivan v. Mulvihill

An action in assumpsit was instituted in the circuit court of LaSalle county by defendant in error, hereinafter called plaintiff, against plaintiffs in error, hereinafter called defendants, and one Mary Mulvihill, for the purchase price of a certain tractor, repairs and supplies. The declaration consisted of the common counts, accompanied by affidavit of claim. Mary Mulvihill was not served. Pleas of the general issue and a plea denying joint liability were filed by each of said defendants, accompanied by affidavit of merits.

At the close of the plaintiff’s evidence, a joint motion was made by…