Spaulding v. Lowe
Illinois Supreme Court
Spaulding v. Lowe, 58 Ill. 96 (Ill. 1871)
Spaulding v. Lowe
Opinion of the Court
It was error in the circuit court to give leave to reply, after overruling a demurrer to a plea in abatement, and this court has several times held this error to be cause of reversal. McKinstry v. Pennoyer, 1 Scam. 319; Motherell v. Beaver, 2 Gilm. 70. See also Eddy v. Brady, 16 Ill. 306. The error was not waived by anything subsequently done by defendants.
The judgment must be reversed, the verdict set aside, and judgment quashing the writ entered nunc pro tunc, upon the demurrer.
Judgment reversed.
Reference
- Full Case Name
- Cynthia A. Spaulding v. Francis Lowe
- Cited By
- 1 case
- Status
- Published
- Syllabus
- Practice—on overruling demurrer to plea in abatement—waiver. It is error on overruling a demurrer to a plea in abatement, to the jurisdiction of the court, to permit plaintiff to reply to the plea, and such error is not waived by pleading in bar to the action. On overruling the demurrer to the plea, the court should quash the writ and abate the suit.