Reports of Cases Determined in the Supreme Court of the State of Illinois 28 (April Term 1862)
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This imposed upon the defendant the necessity of answering the amended declaration, unless he had a plea which would answer any declaration in that form of action. A plea which, answered but one count in the old declaration would not stand to a similar count in the amended declaration. The judgment must be afiirmed, Judgment affirmed. Michael Diveksy, Appellant, v. Heney Will, Appellee. APPEAL FROM THE SUPERIOR COURT OF CHICAGO. A witness who is objected to because of interest in the event of t...he suit, may . be examined on his voir dire, or his interest may be shown by other wit- nesses, but resort cannot be had to both sources; nor can the witness ob- jected to be called to contradict those who have testified as to his disquali- fication. . " This was an action of assumpsit. The first count is against Diversy as survivor, upon a promissory note given by Johnson & Diversy as a firm, under the name, style and firm of Johnson & Diversy, dated 22nd June, 1860, payable six months after date, for the sum of $407.48.
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