Humphrey v. Phillips

Citations

• 57 Ill. 132

Syllabus

<p>1. Plea in abatement—sending process to a foreign county. The defendant in an action of assumpsit commenced in the county of Cook, pleaded in abatement that, at the time of the commencement of the suit he was a resident of McDonough county, and had been ever since; that he was not found or served with process in the county of Cook, hut that he was served with process in the county of McDonough; that the cause of action arose in the county of McDonough, and not in the county of Cook; that the contract upon which the action was brought was not actually made in the county of Cook, and that the same was not, nor any part thereof, made specifically payable in the said county of Cook: Held, on demurrer, the plea negatived every material fact necessary to give the court jurisdiction of the person, and was sufficient.</p> <p>2. Same—surplusage. The clause in the plea which alleged “ the cause of action arose in the county of McDonough, and not in the county of Cook,” presented an immaterial issue, under the act of 1861, and might be rejected as surplusage.</p> <p>3. Same—middle initial letter in a name. The omission in such a plea, of the middle initial letter in the name of the plaintiff, is of no importance, it not being regarded as any part of the name.</p> <p>4. Same—whether certain facts should he negatived. Where the record shows affirmatively that there was only one defendant, and that the suit was not brought under the attachment laws of the State, it is not necessary to allege those facts in the plea.</p> <p>5. Same—whether an answer to several counts. A declaration in assumpsit contained three counts; a special count on a sight draft, and two common counts. A plea in abatement, alleging “ that the contract upon which the action was brought was not actually made in the county ” in which the action was brought, “ and that the same was not, nor any part thereof, made specifically payable in ” that county, was held sufficient as an answer to the whole declaration.