Bacon v. Schepflin (85 Ill. App. 553, 1899)

Mr. Presiding Justice Horton

delivered the opinion of the court.

March 21, 1895, a suit in attachment was commenced by appellants against appellees, and garnishees were served. Appellees filed in said cause what was called a plea in abatement. To this plea a demurrer 'was interposed by appellant. That demurrer was overruled by the trial court, and snob ruling by the trial court was reversed by the Appellate Court of this district (63 Ill. App. 17). In accordance with the opinion of the court, appellees answered over by filing their plea of general issue.

At the trial upon the issue thus presented, the only evidence offered by appellants as to the indebtedness of appellees to appellants is an assignment for the benefit of creditors, made by appellees. It is stated in this record that in the list of creditors attached to said assignment (which is not in this record) are the following words, viz.:

“ Bacon & Co. $3,386.20, open account.”

Ho caption or heading to any list of creditors is shown, nor is there any testimony as to when the amount owing to appellants became or was to become due and payable.

Appellees introduced evidence to the effect that such indebtedness did not mature or become due and payable until about May 3d, i.