Scott v. Waller

Citations

• 65 Ill. 181

Syllabus

<p>1. Abatement—defendant sued put of Ms county. In an action against a defendant, brought in the Superior Court of Cook county, the defendant pleaded, in abatement of the writ, in substance, that he was, before and at the time of the commencement of the suit, and at all times thereafter, a resident of McLean county, and was not a resident of Cook county, and that he. was not found, nor served with process, in Cook county, nor elsewhere than in the county of McLean, and that the said plaintiffs were not, at the commencement of said action, residents of said county of Cook, nor were they then residents of such county: Held, on demurrer to the plea, that it was not a plea to the jurisdiction of the court, but in abatement of the writ only, founded on the fact that the plaintiffs were not residents of the county from which it issued, and as such was good under the act of 1861.</p> <p>2. Process—when it may issue to another county for service on sole defendant. Under the statute of 1861, relating to practice, where there are several plaintiffs they must all reside in the county in which they sue, in order to justify the sending of process to another county for service on a sole defendant who does not reside in the county where sued. Where they do not all reside in one county, the sole defendant must be sued in the county of his residence.</p> <p>8. Abatement—judgment on demwrrer to good, plea in abatement. The proper judgment upon overruling a demurrer to a plea in abatement to the writ is, that the writ be quashed, and consequently a dismissal of the suit.</p>