Wirtz v. Henry

Citations

• 59 Ill. 109

Syllabus

<p>1. Process—to foreign county, against asolé defendant. The language of the act of 1861, authorizing process to b6 sent against a sole defendant into a county other than that in which the suit is brought, when the action is upon, a contract that has been made in. the county in which the action is brought, and the plaintiff is a resident of such county, precludes, by necessary implication, the sending of process to a foreign county against a sole defendant in any action not brought upon a contract.</p> <p>2. So, to an action on the case brought to recover damages for alleged fraud and deceit practiced by the defendant in making a contract, and not for a violation of any of its terms, or to assert a right based upon the contract, it was held, the act did not apply.</p>