76 Ill. 506
Decided January 15, 1875
Illinois Supreme Court · decided 1875-01-15
Writ op,Error to the Circuit Court of Morgan county; the Hon. Cyrus Epi.ee, Judge, presiding. This was an action of assumpsit, by Joseph J. Ironmonger, against Henry B. Funk. The suit ivas commenced April 3, 1872, and summons issued to the sheriff of Morgan county, which was returned not found. An alias summons issued August 31, 1872, to Morgan county, which was returned not served.
Cited by 1 later decisions — most recently March 1913
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1875-01-15
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¶1This suit was commenced April 3,1872, by the issuing of summons out of the circuit court of Morgan county, and is to be governed by the statute in force at that time. The plea in abatement contains no averment that the plaintiff was not a resident of that county, or that the contract was not made therein. It was, for that reason, bad, and the demurrer to it was properly sustained. The judgment will therefore be affirmed.
¶2Judgment affirmed.