Aird v. Haynie

Citations

• 36 Ill. 174

Syllabus

<p>1. Practice —jwisdidion to send process out of county. At the date of the assignment of a note and at the commencement of the suit, the assignor lived in Marion county, where the assignment was made, and the assignee lived in Alexander county: Meld, that in a suit by the assignee against the assignor, the Circuit Court of Alexander county could not send its summons into Marion county for service on the defendant.</p> <p>2. Pleading. In such a case, a plea to the jurisdiction would be bad which did not aver that the defendant did not reside in Alexander county.</p> <p>3. The averment in the plea that the cause of action accrued to the plaintiff in Marion county, is equivalent to the averment that the contract was made in Marion county.</p> <p>4. Practice. If a defendant takes issue upon a defective plea, and the case is submitted to the court for trial on an agreed state of facts, and the issue joined is improperly found for the plaintiff, the agreed statement showing that the finding should have been for the defendant on the issue as made, and also that the facts would have sustained a good plea, the judgment will not be affirmed because the plea was bad, but reversed because of the erroneous finding, and the case remanded.</p> <p>6. Same—judgment non obstante vendido. It is only in cases where it is very clear that the defendant has no merits, under whatever form his plea may be pleaded, that the court will give judgment non obstante veredicto.</p>