Mix v. People

Illinois Supreme Court

Mix v. People

26 Ill. 480

DecidedApril 15, 1861

StatusPublished

This text of 26 Ill. 480 (Mix v. People) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mix v. People, 26 Ill. 480 (Ill. 1861).

Pincite

Opinion

Caton, C. J.

Six pleas were filed to this scire facias, but one of which seems to have been noticed. This was the first, to which a replication was filed. Whatever may be said of the other pleas unanswered, the fourth plea filed by the surety was undoubtedly a good plea. It averred that the prisoner was dead at the time the cognizor was required to produce him. It was undoubtedly error to proceed to trial and judgment while this plea remained unanswered.

The judgment must be reversed, and the cause remanded.

Judgment reversed.

Free access — add to your briefcase to read the full text and ask questions with AI

Caton, C. J.

Six pleas were filed to this scire facias, but one of which seems to have been noticed. This was the first, to which a replication was filed. Whatever may be said of the other pleas unanswered, the fourth plea filed by the surety was undoubtedly a good plea. It averred that the prisoner was dead at the time the cognizor was required to produce him. It was undoubtedly error to proceed to trial and judgment while this plea remained unanswered.

The judgment must be reversed, and the cause remanded.

Judgment reversed.

Cite This Page — Counsel Stack

Bluebook (online)

26 Ill. 480, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mix-v-people-ill-1861.