Legal Opinion

Gardner v. Hayne

Illinois Supreme Court

Decided November 15, 1866PublishedCited by 5 opinions

Appeal from the Circuit Court of the county of Bichland;: the Hon. Aaron Shaw, Judge, presiding.. This was an action of assumpsit, brought by George W. Haynie, in the Eichland Circuit Court, against James Gardner. The declaration counted for money due and owing for the use and occupancy of a messuage and buildings thereon, and also for money had and received by the defendant from the plaintiff.

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Appeal from the Circuit Court of the county of Bichland;: the Hon. Aaron Shaw, Judge, presiding.. This was an action of assumpsit, brought by George W. Haynie, in the Eichland Circuit Court, against James Gardner. The declaration counted for money due and owing for the use and occupancy of a messuage and buildings thereon, and also for money had and received by the defendant from the plaintiff. Afterward, defendant filed a general demurrer to each count of the declaration, which was overruled by the court. Defendant then filed the plea of the general issue and a special plea, to the latter of…

1Opinion of the CourtChief Justice Walker

It is urged as a ground of reversal, that the court erred in overruling the demurrer to plaintiff’s declaration. In the view we take of the case, we deem it unnecessary to consider that question. Defendant, after the demurrer was overruled, pleaded in bar to the action. This was a waiver to all objections raised on the demurrer, unless the declaration was so defective that a judgment could not be rendered on it, and a motion in arrest was made. If the party was dissatisfied with the decision on the demurrer, he should have abided by it, and presented the question to be reviewed in this court.

I…

2Cited by5 opinions

  1. B. S. Green Co. v. BlodgettIllinois Supreme Court · 1895
  2. Randall v. RandallAppellate Court of Illinois · 1935
  3. Berry v. TurnerIllinois Supreme Court · 1917
  4. Shedd v. DalzellAppellate Court of Illinois · 1889
  5. Lullman v. BarrettAppellate Court of Illinois · 1886

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