Spaulding v. Lowe

Decided January 15, 1871

Illinois Supreme Court · decided 1871-01-15

Writ op error to the Circuit Court of Sangamon county; the Hon. Benjamin S. Edwards, Judge, presiding. This was an action of assumpsit, brought by Cynthia A. Spaulding and Henry G. Waldo, in the Sangamon Circuit Court, against Francis Low and Alonzo Glenn. A summons was directed to Mason county, where service was had. Defendants appeared and filed a plea in abatement, to the jurisdiction of the court, to which plaintiffs filed a general demurrer, which the court overruled.

Cited by 1 later decisions — most recently April 1917

1 state decisions

Relies on Eddy v. Brady

Good law ✅— No negative treatment on recordhow we know

Decided 1871-01-15

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Per Curiam:

¶1It was error in the circuit court to give leave to reply, after overruling a demurrer to a plea in abatement, and this court has several times held this error to be cause of reversal. McKinstry v. Pennoyer, 1 Scam. 319; Motherell v. Beaver, 2 Gilm. 70. See also Eddy v. Brady, 16 Ill. 306. The error was not waived by anything subsequently done by defendants.

¶2The judgment must be reversed, the verdict set aside, and judgment quashing the writ entered nunc pro tunc, upon the demurrer.

¶3Judgment reversed.