Smith v. Dysart

Decided June 15, 1851

Illinois Supreme Court · decided 1851-06-15

This was an action of covenant, brought in the Putnam Circuit Court by the plaintiff in error, as executrix of William Smith, against Dysart. The defendant pleaded, seven pleas. To the first, second, third and fourth, there was a replication and issue to the country. To the fifth, sixth, and seventh pleas there were demurrers, which were overruled. The fifth plea alleges, that plaintiff is not executrix.

Cited by 2 later decisions — most recently February 1879

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1851-06-15

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Caton, J.

¶1The record shows at least two pleas to which no objection is now made; a demurrer to which was overruled; upon which a judgment was entered in favor of the defendant, which is a perfect bar to the plaintiff’s right of action. We shall therefore decline .entering upon the investigation of the question which was argued, as to whether the seventh plea was obnoxious to a general demurrer, or whether it should have been demurred to specially. 'The defendant is certainly entitled to have the judgment affirmed.

¶2Judgment affirmed.