Grier v. Gibson

Decided April 15, 1864

Illinois Supreme Court · decided 1864-04-15

Writ of Error to the Circuit Court of Peoria county; the Hon. M. Williamson, Judge, presiding. ''This was an action of assumpsit, brought by the defendant in error, as the indorsee of four promissory notes, against the plaintiff in error, as the maker. The declaration was filed on the 21st day of January, 1864, and contained four special counts, one on each note, and the common counts.

Good law ✅— No negative treatment on recordhow we know

Decided 1864-04-15

How this case has been cited

Cited by 4 later decisions — most recently June 1953

4 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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Mr. Justice Breese

¶1delivered the opinion of the Court:

¶2The motion to continue the cause, because there were no copies filed of the notes on which the suit was brought, was properly overruled, as the defendant had pleaded to the action. The motion to continue, for that cause, came too late. The assignments were not required to be proved, as there was no affidavit filed denying them.

¶3It appears, while the demurrer was pending, the general issue and several special pleas were filed. These pleas waived the demurrer, and no judgment was required to be pronounced on it.

¶4We perceive no ground on which the plaintiff in error can hope to reverse this judgment; there does not appear to be any error in the record, and therefore the judgment must be affirmed.

¶5Judgment affirmed.