21 Ill. 639
Decided April 15, 1859
Illinois Supreme Court · decided 1859-04-15
This was an action of assumpsit, upon a note and an account. The defendant filed the general issue, as also special pleas. On the 16th day of July, 1857, the pleas were filed, verified by defendant.
Good law ✅— No negative treatment on recordhow we know
Decided 1859-04-15
Cited by 7 later decisions — most recently April 1933
7 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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¶1The court properly overruled the motion to change the venue. No notice of the motion was given, and the statute positively requires a notice. It is a misapprehension to say that here no notice could have been given. It is certain that at least one day’s notice, could have been given, for the affidavit is made the day before the motion, and there is no excuse shown why notice was not given as the statute required.
¶2The judgment must be affirmed.
¶3Judgment affirmed.