Martin v. Brewster
Illinois Supreme Court
Martin v. Brewster, 49 Ill. 306 (Ill. 1868)
Breese
Martin v. Brewster
Opinion of the Court
delivered the opinion of the Court:
The judgment in this case, on the authority of Mahony v. Davis, 44 Ill. 288, must be reversed.
The plaintiff made no proof under the issue on the plea in abatement that the cause of action accrued in Cook county, or that it was specifically made pay able in that county.
The judgment is reversed and the cause remanded.
Judgment reversed.
Reference
- Full Case Name
- Josiah Martin v. Benjamin Brewster
- Cited By
- 1 case
- Status
- Published
- Syllabus
- Sending process to a poreign county. Where the defendant in an action in which the summons was sent to a foreign county for service, pleads in abatement, that the cause of action did not accrue, and was not specifically made payable, in the county in which the suit was instituted, and an issue is formed upon such plea, if the plaintiff fails to prove that the cause of action did accrue, or was specifically made payable, in the county from whence the writ issued, it is error to render a judgment in his favor.