Nixon v. the Sw. Ins. Co.
| Citation | 47 Ill. 444,1868 WL 5019 |
| Parties | NIXON, ELLISON & CO.v.THE SOUTHWESTERN INSURANCE COMPANY, OF CAIRO, ILLINOIS. |
| Decision Date | 30 June 1868 |
| Court | Supreme Court of Illinois |
OPINION TEXT STARTS HERE
WRIT OF ERROR to the Circuit Court of Alexander county; the Hon. JOHN OLNEY, Judge, presiding.
The opinion states the case.
Messrs. MULKEY, WALL & WHEELER, for the plaintiffs in error.
Messrs. GREEN & GILBERT, for the defendants in error.
This was an action of assumpsit, brought by plaintiffs in error, in the Alexander Circuit Court, against defendants in error, on a policy of insurance. Service was had to the April term, 1868; and at that term defendant below filed this plea in abatement:
In the Alexander Circuit Court, of the April Term, 1868.
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¦The Southwestern Insurance Company,” sued by the name of Southwestern ¦)¦
¦Insurance Company, of Cairo, Illinois, ¦ ¦
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¦ads. ¦)¦
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¦Richard G. Nixon, William Ellison and Thomas Block, partners, doing ¦)¦
¦business under the firm name of Nixon, Ellison & Company. ¦ ¦
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And, “the Southwestern Insurance Company,” against whom the said plaintiffs have issued their said writ and declared thereon, by the name of “Southwestern Insurance Company, of Cairo, Illinois,” by its President and Secretary, comes and says, that it is named and called “The Southwestern Insurance Company,” and by the said name has hitherto been called since it was so named by the act of the General Assembly of the State of Illinois, approved March 7th, 1867. Without this, that “The Southwestern Insurance Company” now is or ever was named or called, or known by the name of “Southwestern Insurance Company, of Cairo, Illinois,” as by said writ and declaration is supposed, and, this, it, ““The Southwestern Insurance Company,” is ready to verify; wherefore, it prays judgment of the said writ and declaration, and that the same may be quashed.
THE SOUTHWESTERN INSURANCE CO.,
“By D. HURD, President,” and JAMES S. REARDEN, Sec'y.
GREEN & GILBERT, Attorneys for Defendant.
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¦STATE OF ILLINOIS, ¦)¦ ¦
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¦ ¦)¦SCT.¦
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¦ALEXANDER COUNTY, ¦)¦ ¦
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James S. Rearden, Secretary of the Southwestern Insurance Company, being duly sworn, deposes and says the foregoing plea is true.
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