Gribbin v. Thompson

Decided April 15, 1862

Illinois Supreme Court · decided 1862-04-15

In this case, Oscar Gribbin, the plaintiff, was sued by the defendants in error in an action of assumpsit, together with John W. Mathews, Rufus Lenori, and Calvin Terry, as partners trading under the name and firm of J. W. Mathews & Co. Terry and Gribbin were served with process and appeared and pleaded severally to the action, each pleading in abatement, that he was not one of the firm of J. W. Mathews & Co.; and Terry made affidavit for a continuance of the cause for want…

Good law ✅— No negative treatment on recordhow we know

Decided 1862-04-15

How this case has been cited

Cited by 8 later decisions — most recently April 1903

8 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.

¶1It appears by this record, that in an action of assumpsit against four persons as partners, summons was served on two of them only. They appeared and filed separate pleas, verified by affidavit, that they were not partners, and submitted the issue to the court.

¶2The court found for the plaintiff a judgment in chief against one only of the defendants served, and this is assigned for error.

¶3This court has repeatedly decided in such case, that judgment must be taken against all who are served, or none. Kimmel v. Shultz et al., Breese, (new ed.) 160; Russell v. Hogan, 1 Scam. 552; Hovey v. County of Macoupin, 2 id. 36; McConnel v. Swailes, id. 571; Tolman v. Spaulding, 3 id. 14; Frink et al. v. Jones, 1 Scam. 170.

¶4For this error the judgment is reversed, and the cause remanded.

¶5Judgment reversed.