Maston v. Ross

Appellate Court of Illinois

Maston v. Ross

201 Ill. App. 355

Appellate Court of Illinois·Decided April 21, 1916·Published

Opinion

Mr. Justice Thompson

delivered the opinion of the court.

Abstract of the Decision. Dismissal, nonsuit and discontinuance, § 29*—what does not constitute discontinuance of entire action. The dismissal of an action in assumpsit as against one of two defendants sued jointly, because of lack of evidence to support a judgment against such defendant, held not a discontinuance of the entire action, the • plaintiff having a right to amend his declaration and to state a cause of action and proceed against the other defendant.

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Mr. Justice Thompson

delivered the opinion of the court.

Abstract of the Decision. Dismissal, nonsuit and discontinuance, § 29*—what does not constitute discontinuance of entire action. The dismissal of an action in assumpsit as against one of two defendants sued jointly, because of lack of evidence to support a judgment against such defendant, held not a discontinuance of the entire action, the • plaintiff having a right to amend his declaration and to state a cause of action and proceed against the other defendant.

Maston v. Ross, 201 Ill. App. 355 (Ill. Ct. App. 1916).

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