Reports of Cases Determined in the Appellate Courts of Illinois (Volume 179)
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Reports of Cases Determined in the Appellate Courts of Illinois (Volume 179)

Reports of Cases Determined in the Appellate Courts of Illinois (Volume 179)


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1913 Excerpt: ... ( American Exchange Bank v. Mitchell, 179 111. App. 612. Issue was joined thereon also on the plea of non assumpsit. The cause was tried hy the court without a jury. The court found the issues for the plaintiff and entered judgment on the findings for $5,560.59, and defendant excepted and prosecutes this writ of error to reverse the judgment. On the trial below the plaintiff asked and obtained leave of the court to amend its declaration and make the American Exchange National Bank party plaintiff, but for some reason, not disclosed by record the amendment was never in fact made and the case comes here in the name of the American Exchange Sank, as defendant in error. The evidence shows that the American Exchange Bank went out of existence May 1, 1903. The evidence further shows that the right of property in the notes sued on is and was at commencement of this suit in the American Exchange National Bank, and to it if any one belonged the right to sue and recover. There are at least two errors appearing in this record, each of which is conclusive against the defendant in error, and must work a reversal of this case. The first arises from the want of a plaintiff with capacity to maintain the suit. In all civil actions the prime requisites as to parties is that the plaintiff and the defendant must each be either a natural or artificial person. "A civil action can be maintained only in the name of a person in law, an entity, which the law of the forum can recognize as capable of possessing and asserting a right of action.' Ency. Pleading and Practice, vo1. 15, p. 478. After a corporation is dissolved it is incapable of maintaining an action. All action by a corporation which is pending when such corporation is dissolved abates upon such dissolution in the absence...


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Product Details
  • ISBN-13: 9781150089251
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 220
  • Spine Width: 12 mm
  • Width: 189 mm
  • ISBN-10: 1150089253
  • Publisher Date: 01 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 399 gr

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