Spaulding v. Lowe

Illinois Supreme Court

Spaulding v. Lowe

58 Ill. 96

CourtIllinois Supreme Court

DecidedJanuary 15, 1871

StatusPublished

Cited by1 cases

This text of 58 Ill. 96 (Spaulding v. Lowe) 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

Spaulding v. Lowe, 58 Ill. 96 (Ill. 1871).

Pincite

Opinion

Per Curiam:

It was error in the circuit court to give leave to reply, after overruling a demurrer to a plea in abatement, and this court has several times held this error to be cause of reversal. McKinstry v. Pennoyer, 1 Scam. 319; Motherell v. Beaver, 2 Gilm. 70. See also Eddy v. Brady, 16 Ill. 306. The error was not waived by anything subsequently done by defendants.

The judgment must be reversed, the verdict set aside, and judgment quashing the writ entered nunc pro tunc, upon the demurrer.

Judgment reversed.

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

Per Curiam:

It was error in the circuit court to give leave to reply, after overruling a demurrer to a plea in abatement, and this court has several times held this error to be cause of reversal. McKinstry v. Pennoyer, 1 Scam. 319; Motherell v. Beaver, 2 Gilm. 70. See also Eddy v. Brady, 16 Ill. 306. The error was not waived by anything subsequently done by defendants.

The judgment must be reversed, the verdict set aside, and judgment quashing the writ entered nunc pro tunc, upon the demurrer.

Judgment reversed.

Cite This Page — Counsel Stack

Bluebook (online)

58 Ill. 96, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spaulding-v-lowe-ill-1871.

Opinion

Related

Cite This Page — Counsel Stack