Appellate Court of Illinois, 1916

Maston v. Ross

Appellate Court of Illinois · Decided April 21, 1916 · Thompson

201 Ill. App. 355

Opinion of the Court

Mr. Justice Thompson

delivered the opinion of the court.

Abstract of the Decision. Dismissal, nonsuit and discontinuance, § 29*—what does not constitute discontinuance of entire action. The dismissal of an action in assumpsit as against one of two defendants sued jointly, because of lack of evidence to support a judgment against such defendant, held not a discontinuance of the entire action, the • plaintiff having a right to amend his declaration and to state a cause of action and proceed against the other defendant.

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