Puschel v. Hoover

Decided June 15, 1855

Illinois Supreme Court · decided 1855-06-15

This action was commenced before a justice of the peace, and was taken by appeal to the Circuit Court of Peoria county. On the trial of the cause before Peters, Judge, at March term, 1855, the deposition of a witness was read, which proved a delivery of the articles claimed in the account, for which the action was brought. The deposition stated that the articles were delivered to Charles Puschel and August Puschel, at their shop.

Cited by 3 later decisions — most recently December 1912

3 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1855-06-15

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Catón, J.

¶1This action was brought against one of two persons, who were jointly liable for the beer sold. No plea in abatement was filed, but the case was tried upon the general issue, which the court very properly found for the plaintiff, and rendered a judgment thereon. The defendant should have pleaded the non-joinder of his partner in the grocery, and could not take advantage of it upon the trial of the general issue. 1 Chitty’s Pl. 46; Chap. 1, Sec. 3, Rev. Stat.

¶2The judgment must he affirmed.

¶3Judgment affirmed.