Nispel v. Western Union Railroad

Citations

• 64 Ill. 311

Syllabus

<p>1. Plea to the jurisdiction—by a corporation. In an action of assumpsit against a railroad company, to wMcli the defendant appeared “in its own proper person,” and pleaded want of jurisdiction, setting out the facts, it was held, that the plea was had on demurrer, as a plea by a corporation aggregate, which is incapable of personal appearance, must purport to be by attorney.</p> <p>2. Former decision. The case of Mineral Point Railroad Co. v. Keep, 22 Ill. 9, upon that question, was overruled by the case of Nixon et al. v. Southwestarn Ins. Co. 47 ib. 444.</p> <p>3. Pleading—duplicity. In this case a plea to the jurisdiction of the court on the ground the summons was improperly issued to a foreign county, was held to state only such facts as were necessary to show the court had not jurisdiction, and was not obnoxious to the objection of duplicity.</p>