{
  "id": 2452378,
  "name": "James C. Lewis v. Marie Schwinn et al.",
  "name_abbreviation": "Lewis v. Schwinn",
  "decision_date": "1897-06-16",
  "docket_number": "",
  "first_page": "265",
  "last_page": "267",
  "citations": [
    {
      "type": "official",
      "cite": "71 Ill. App. 265"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "3 Gil. 123",
      "category": "reporters:state",
      "reporter": "Gilmer",
      "opinion_index": -1
    },
    {
      "cite": "13 Ill. 449",
      "category": "reporters:state",
      "reporter": "Ill.",
      "opinion_index": -1
    },
    {
      "cite": "2 Gil. 259",
      "category": "reporters:state",
      "reporter": "Gilmer",
      "opinion_index": -1
    },
    {
      "cite": "91 Ill. 170",
      "category": "reporters:state",
      "reporter": "Ill.",
      "case_ids": [
        2749260
      ],
      "opinion_index": -1,
      "case_paths": [
        "/ill/91/0170-01"
      ]
    },
    {
      "cite": "54 Ill. 361",
      "category": "reporters:state",
      "reporter": "Ill.",
      "case_ids": [
        5276523
      ],
      "opinion_index": -1,
      "case_paths": [
        "/ill/54/0361-01"
      ]
    },
    {
      "cite": "90 Ill. 56",
      "category": "reporters:state",
      "reporter": "Ill.",
      "case_ids": [
        2756683
      ],
      "opinion_index": -1,
      "case_paths": [
        "/ill/90/0056-01"
      ]
    },
    {
      "cite": "57 Ill. 132",
      "category": "reporters:state",
      "reporter": "Ill.",
      "case_ids": [
        5240988
      ],
      "weight": 2,
      "opinion_index": -1,
      "case_paths": [
        "/ill/57/0132-01"
      ]
    },
    {
      "cite": "17 Ill. App. 106",
      "category": "reporters:state",
      "reporter": "Ill. App.",
      "case_ids": [
        867338
      ],
      "opinion_index": -1,
      "case_paths": [
        "/ill-app/17/0106-01"
      ]
    },
    {
      "cite": "21 Ill. App. 110",
      "category": "reporters:state",
      "reporter": "Ill. App.",
      "case_ids": [
        2414502
      ],
      "weight": 2,
      "opinion_index": -1,
      "case_paths": [
        "/ill-app/21/0110-01"
      ]
    },
    {
      "cite": "38 Ill. App. 423",
      "category": "reporters:state",
      "reporter": "Ill. App.",
      "opinion_index": -1
    },
    {
      "cite": "3 Gil. 129",
      "category": "reporters:state",
      "reporter": "Gilmer",
      "opinion_index": -1
    },
    {
      "cite": "83 Ill. 526",
      "category": "reporters:state",
      "reporter": "Ill.",
      "case_ids": [
        2658848
      ],
      "weight": 4,
      "opinion_index": -1,
      "case_paths": [
        "/ill/83/0526-01"
      ]
    },
    {
      "cite": "11 Ill. 573",
      "category": "reporters:state",
      "reporter": "Ill.",
      "case_ids": [
        2577504
      ],
      "weight": 2,
      "opinion_index": -1,
      "case_paths": [
        "/ill/11/0573-01"
      ]
    },
    {
      "cite": "3 Scam. 201",
      "category": "reporters:state",
      "reporter": "Scam.",
      "case_ids": [
        2471496
      ],
      "opinion_index": -1,
      "case_paths": [
        "/ill/4/0201-01"
      ]
    },
    {
      "cite": "40 Ill. App. 547",
      "category": "reporters:state",
      "reporter": "Ill. App.",
      "case_ids": [
        5024228
      ],
      "opinion_index": -1,
      "case_paths": [
        "/ill-app/40/0547-01"
      ]
    },
    {
      "cite": "3 Gil. 123",
      "category": "reporters:state",
      "reporter": "Gilmer",
      "opinion_index": 0
    },
    {
      "cite": "120 Ill. 184",
      "category": "reporters:state",
      "reporter": "Ill.",
      "case_ids": [
        5384582
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill/120/0184-01"
      ]
    }
  ],
  "analysis": {
    "cardinality": 316,
    "char_count": 5223,
    "ocr_confidence": 0.558,
    "pagerank": {
      "raw": 6.605085434253971e-08,
      "percentile": 0.40368202933839
    },
    "sha256": "907ac228e350be7bdc1e009069eed896eec4ac04d6d6f2a849862e77da44e1cc",
    "simhash": "1:a5d457af5659ff8f",
    "word_count": 941
  },
  "last_updated": "2023-07-14T21:20:26.715064+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "James C. Lewis v. Marie Schwinn et al."
    ],
    "opinions": [
      {
        "text": "Opinion per Curiam.\nThis was an action on the case for deceit.\nThe plaintiff obtained a verdict and judgment from which the defendant has prosecuted this appeal.\nAmong the errors assigned is the action of the court in sustaining a demurrer to certain pleas in abatement filed by defendant: 1st, that defendant was a resident of Peoria county and not of Tazewell, in which the suit was brought, and that he was served with process in the latter county while there for the purpose of attending the taking of testimony in a certain other cause pending between him and one of said plaintiffs in the Circuit Court of - said last named county; 2d, that before the commencement of this suit the plaintiffs had impleaded him in the Circuit Court of Peoria County in an action on the case for the same cause of action in the declaration in this suit mentioned; that the parties in both suits were the same and that the said former suit was still pending and undetermined.\nThe first of these pleas was bad and the demurrer thereto was properly sustained. Greer v. Young, 120 Ill. 184.\nThe second plea of prior action pending was good. 1 Ch. PI. 454; 3 Id. 903-4; Branigan v. Bose, 3 Gil. 123.\nIt was error to sustain the demurrer thereto.\nIt is unnecessary to consider the other errors assigned. The judgment will be reversed and the cause remanded.",
        "type": "majority",
        "author": "Opinion per Curiam."
      }
    ],
    "attorneys": [
      "Hammond & Wyeth, attorneys for appellant.",
      "T. 1ST. Green and Jos. A. Weil, attorneys for appellees."
    ],
    "corrections": "",
    "head_matter": "James C. Lewis v. Marie Schwinn et al.\n1. Service of Process\u2014Upon Persons Attending Legal Proceedings. \u2014A plea alleging that the defendant is a resident of an adjoining county, and not of the county in which the suit is brought, and that he was served with process in the latter county, while there for the purpose of attending the taking of testimony in a certain other cause pending between him and one of the plaintiffs in the Circuit Court of said last-named county, is not a good plea in abatement.\n2. Abatement\u2014Plea of Former Suit Pending.\u2014A plea alleging that before the commencement of the suit the plaintiffs had impleaded the defendant in the Circuit Court of another county in a suit on the same cause of action in the declaration .mentioned, that the parties in both suits were the same, and that the former suit is still pending and undetermined, is a good plea in abatement.\nTrespass on the Case, for deceit. Appeal from the Circuit Court of Tazewell County; the Hon. N. W. Green, Judge, presiding.\nHeard in this court at the November term, 1896.\nReversed and remanded.\nOpinion filed June 16, 1897.\nHammond & Wyeth, attorneys for appellant.\nOn demurrer sustained to plea in abatement and order to plead over, defendant does not waive his rights by pleading to the merits, but may assign error. Galveston, etc., R. Co. v. Hook, 40 Ill. App. 547; Delahay v. Clement, 3 Scam. 201; Weld v. Hubbard, 11 Ill. 573; Drake v. Drake, 83 Ill. 526.\nEven where defendant asks leave, or the above order is not entered, the question on good authority is saved. Branigan v. Rose, 3 Gil. 129; Union, etc., Ass\u2019n v. Bill, 38 Ill. App. 423; Weld v. Hubbard, supra.\nThe first plea in abatement was that defendant resided in Peoria and not Tazewell county, and that while attending at Pekin, in Tazewell county, as complainant in his own suit, pending in Tazewell county, and against Mary Schwinn and others, and for no other business, he was served with process in the present suit.\nThis is properly presented by plea in abatement. Gregg v. Sumner, 21 Ill. App. 110; Drake v. Drake, 83 Ill. 526.\nUnder the policy of the law, the defendant was exempt from service in Tazewell county under the circumstances alleged. Greer v. Youngs, 17 Ill. App. 106; Gregg v. Sumner, 21 Ill. App. 110; Statutes, Chap. 110, Sec. 2.\n\u201c The right of a party to be sued in the county where he resides, and to have his cause tried there, is statutory, and he ought not to be denied that right\u2014a right to him, in many instances, of the utmost importance\u2014by any technical and metaphysical learning in regard to pleas in abatement.\u201d Humphrey v. Phillips, 57 Ill. 132.\nThe plea yras correct in form and conclusion. Drake v. Drake, 83 Ill. 526; Union Nat. Bank v. First Nat. Bank, 90 Ill. 56.\nIf not correct in form, the objection should have been by special demurrer. Buckles v. Harlan. 54 Ill. 361.\nAnd especially as the pleas are amendable. Drake v. Drake, supra; Midland,. etc., R. Co. v. McDermid, 91 Ill. 170.\nThe second plea in abatement was of another suit pending in Peoria county, the residence of the defendant, for the same cause of action, at the time of plea filed.\nThis was a good plea. A party may pursue different remedies at the same time, but has no right to harass the defendant by more than one suit of the same kind. Branigan v. Rose, 3 Gil. 123; Delahay v. Clement, 3 Seam. 201; Bancroft v. Eastman, 2 Gil. 259.\nIf either the second plea was good, or the two pleas were good, judgment would be given on the second, that the suit . abate; if the first plea was good, and the second not, the judgment would have been that the plaintiff be without day, until, etc.\nThe first plea, as we have seen, concludes properly. It is not a plea to the jurisdiction of the court. Humphrey v. Phillips, 57 Ill. 132 (136); Kenney v. Greer, 13 Ill. 449.\nT. 1ST. Green and Jos. A. Weil, attorneys for appellees."
  },
  "file_name": "0265-01",
  "first_page_order": 263,
  "last_page_order": 265
}