Legal Opinion

Pitts Sons' Manufacturing Co. v. Commercial National Bank

Illinois Supreme Court

Decided September 26, 1887PublishedCited by 22 opinions

Writ of Error to the Appellate Court for the Second District;—heard in that court on writ of error to the Circuit ■Court of La Salle county; the Hon. Charles Blanchard, Judge, presiding. Plaintiff in error made and delivered to Meeker & Co. its three promissory notes, which the payees assigned to defendant in error, who brought suit thereon.

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Writ of Error to the Appellate Court for the Second District;—heard in that court on writ of error to the Circuit ■Court of La Salle county; the Hon. Charles Blanchard, Judge, presiding. Plaintiff in error made and delivered to Meeker & Co. its three promissory notes, which the payees assigned to defendant in error, who brought suit thereon. The defendant pleaded, specially, three pleas; hut reliance was placed upon the second amended plea, which was as follows:' “Now comes the said defendant, by its attorneys, and by leave of the court, etc., and defends, etc., and says actio non, ■etc.,…

1Opinion of the CourtJustice Shops

The common law system of pleading has prevailed in this State, and, from time to time, such modifications have been made by statute as seemed to be required, removing arbitrary and artificial distinctions, and, by the allowance of amendments at any and every stage of the proceeding, and to every reasonable extent, doing away with its purely technical and objectionable features. As a system of pleading, and as ■existing in this State, it is clearly defined, easily understood :and certain. With the general, logical arrangement of the .■system, as at common law, there has been no interference by…

2Cases cited3 opinions

  1. Ilsley v. StubbsMassachusetts Supreme Judicial Court · 1809
  2. Guard v. WhitesideIllinois Supreme Court · 1851
  3. Jenkins v. PepoonNew York Supreme Court · 1801

3Cited by22 opinions

  1. Sutherlin v. BloomerOregon Supreme Court · 1907
  2. Nevills v. ShortridgeCalifornia Supreme Court · 1905
  3. People ex rel. Vick v. KirkhamIllinois Supreme Court · 1921
  4. Swing v. WellingtonIndiana Court of Appeals · 1909
  5. Vinylast Corp. v. GordonAppellate Court of Illinois · 1973

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