Drake v. Drake

Citations

• 83 Ill. 526

Syllabus

<p>1. Pleading—where suit is brought in the wrong county. The statute prohibiting a defendant being sued out of his county, except in certain oases, confers a mere privilege on him, which he will be considered as having waived, unless he. specially relies upon it by plea.</p> <p>■2. Abatement—that defendant is sued out of his county. A plea in abatement that the defendant is improperly sued out of his county, arising from privilege of person, strictly speaking, should he classed as a plea to the jurisdiction,' and conclude whether the court ought to have further conusance of the suit; bul, according to previous rulings of this court, the plea will not he obnoxious to a demurrer if it improperly concludes by praying judgment of the writ and declaration.</p> <p>3. Same—right to amend. Under the present statute allowing amendments to pleadings, all formal or technical objections may be obviated by amendment; and a plea that the defendant is sued improperly in a county other than that of his residence, or where found, is of that substantial and jneritorious character that amendments, either in form or substance, should be allowed to fairly present the defense.</p>