Evans v. Lingle

Citations

• 55 Ill. 455

Syllabus

<p>Abatement—of suit at law, pending suit in chancery in respect thereof. An appeal from a justice of the peace to the circuit court being dismissed, the party appealing filed his bill in chancery to reinstate his appeal, pending which the opposite party instituted suit upon the appeal bond given on the appeal from the justice. The defendant in the suit at law pleaded the.pending suit in chancery in abatement: Held, the pendency of the bill to reinstate the appeal, there having been no injunction obtained thereon, could not operate to abate the suit upon the appeal bond.</p>