Hurlbert v. Ellenberg

Citations

• 65 Ill. 398

Syllabus

<p>Pleading—$lea of agreement to dismiss suit. In a suit upon a note, the defendant pleaded that, since the continuance of the suit, at the November term, 1871, to wit: at the March term, 1872, there was another suit pending, on the chancerjf side of the court, for the same cause of action—the note in controversy having been secured by a mortgage; that the defendant, by his attorney, made an agreement with the attorney of the plaintiif that if the defendant would allow a decree on the mortgage, at the March term of the court, that he would dismiss this suit; and averred that defendant did permit the plaintiff to take a decree at that term of the court: Held, that the plea was bad on demurrer, as an agreement to dismiss a suit can not be pleaded in bar of the action.</p>