Cushman v. Savage

Decided April 15, 1858

Illinois Supreme Court · decided 1858-04-15

<p>ERROR TO LA SALLE.</p> <p>After a demurrer to a plea in abatement is overruled, it is not regular to grant leave to reply; the proper judgment on such a plea is, that the writ be quashed.</p>

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Decided 1858-04-15

How this case has been cited

Cited by 5 later decisions — most recently June 1958

5 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Breese, J.

¶1In this case there was a plea in abatement of the jurisdiction of the court, the plaintiff residing in La Salle, and the defendant in the county of Cass. To the plea the plaintiff demurred, and it was overruled, and the court granted plaintiff leave to reply.

¶2This was erroneous. After a demurrer to a plea in abatement has been overruled, it is not regular for the court to grant leave to reply; for a judgment for the defendant, on such a plea, whether it be on an issue of fact or of law, is, that the writ be quashed. Tidd’s Practice, 642; 1 Ch. Pl. 501; Motherell v. Beavers, 2 Gilm. R. 69; McKinney v. Pennoyer et al., 1 Scam. R. 319; Eddy et al. v. Brady, 16 Ill. R. 396.

¶3The case will be remanded to the Circuit Court of La Salle, with instructions to abate the writ.

¶4Judgment reversed.