Safford v. Sangamo Insurance

Citations

• 88 Ill. 296

Syllabus

<p>1. Pleading—plea to jurisdiction. To a suit brought in Sangamon county, with summons to Alexander county and service there, the defendants filed a plea asking judgment of “the writ and declaration,” stating, among other things, that they were residents of Alexander county and not of Sangamon county, and praying judgment that the writ and declaration be quashed. The court sustained a special demurrer, for the reason the plea prayed judgment of the declaration and that it be quashed: Held, that it was error to sustain the demurrer, the plea not being faulty.</p> <p>2. Same—plea to jurisdiction not in abatement—amendable. A plea showing that a defendant has been sued out of his county, on process sent to his county, is not a plea in abatement, but a meritorious one to .secure a substantial right, and if defective in form is amendable.</p> <p>3. ° Process—to foreign county. Where summons is sent to another county, in a case where it is not allowed by the statute, and there served on the defendant, he being a resident of such other county, it should be quashed on motion and proof of such facts.</p>