Chicago & Pacific Railroad v. Munger

Citations

• 78 Ill. 300

Syllabus

<p>1. Abatement—plea in, must give a better writ or decimation. A plea in abatement must give the plaintiff 'a better writ or declaration, the meaning of which is, that, in pleading a mistake of form in abatement of the writ or declaration, the plea must, at the same time, correct the mistake, so as to enable the plaintiff to avoid the same objection in framing his new writ or declaration.</p> <p>3. Same—insanity of plaintiff. A plea in abatement that, before and at the time of the commencement of the suit, the plaintiff was, and still is, an insane person, etc., is bad on demurrer,</p> <p>3. Insane person—when he may sue. Until the appointment and qualification of a conservator, for an insane person, it is clear that suit may be brought in such insane person’s name for the recovery of a debt due him.</p>