Funk v. Ironmonger
Illinois Supreme Court
Funk v. Ironmonger, 76 Ill. 506 (Ill. 1875)
Funk v. Ironmonger
Opinion of the Court
This suit was commenced April 3,1872, by the issuing of summons out of the circuit court of Morgan county, and is to be governed by the statute in force at that time. The plea in abatement contains no averment that the plaintiff was not a resident of that county, or that the contract was not made therein. It was, for that reason, bad, and the demurrer to it was properly sustained. The judgment will therefore be affirmed.
Judgment affirmed.
Reference
- Full Case Name
- Henry B. Funk v. Joseph J. Ironmonger
- Cited By
- 1 case
- Status
- Published
- Syllabus
- 1. Abatement—defendant sued out of Ms county. Under the statute in force in April, 1873, a plea in abatement to a suit brought in Morgan county, where the defendant was served in Macon county, which contains no averment that he was not a resident of Morgan county, or that the contract was not made therein, is bad on demurrer. 3. Summons to bobeign county—what lorn governs. Where a suit was brought before the Practice act of 1872 took effect, the law in force at the time the suit was brought was held to govern as to the right to send summons to another county for service.