Gilson v. Powers

Powers sued Gilson and Hemmingway, in assumpsit, in the Kane circuit court. The summons was returnable to the November term, 1853, and was returned served on Gilson, but no return was made as to Hemmingway.

At the February term, 1854, Gilson appeared, plead to the first count of plaintiff’s declaration, and demurred to each of the other counts. The plaintiff demurred to the pleas, and the court sustained the demurrer. The court also sustained the defendant’s demurrer to the counts of the plaintiff’s declaration demurred to.

The plaintiff obtained leave to amend his declaration. At the…