Richolson v. Moloney
Illinois Supreme Court
Appeal from the Appellate Court for the Second District;—heard in that court on appeal from the Circuit Court of LaSalle county; the Hon. R. W. Hilscher, Judge, presiding. This was an action of assumpsit brought by appellant against appellee in the circuit court of LaSalle county.
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Appeal from the Appellate Court for the Second District;—heard in that court on appeal from the Circuit Court of LaSalle county; the Hon. R. W. Hilscher, Judge, presiding. This was an action of assumpsit brought by appellant against appellee in the circuit court of LaSalle county. The declaration contained eight counts, seven of them being for money had and received by defendant (appellee) then and there as so much money due the plaintiff (appellant) from the State of Illinois for services rendered, and the eighth count being the consolidated common counts, under which he sought to recover…
1Opinion of the CourtJustice Carter
The first error urged here is, that the court below erred in admitting any evidence in regard to the matters claimed to have been admitted and confessed by the six special pleas. It is urged by appellant that the averments in these pleas were binding on the appellee as admissions of record, and that appellee could not be heard to contradict or explain these admissions by any evidence whatever. Numerous cases are cited to support this contention, but they are not in point and do not apply to the state of the pleadings in this case. It is said in Chitty that “the common doctrine that a demurrer…
2Cases cited2 opinions
- Hefner v. VandolahIllinois Supreme Court · 1871
- First National Bank v. GattonIllinois Supreme Court · 1898
3Cited by4 opinions
- Villareal v. TrevinoAppellate Court of Illinois · 1961
- Schoden v. SchaeferAppellate Court of Illinois · 1913
- Potter v. Fitchburg Steam Engine Co.Appellate Court of Illinois · 1903
- DeMoss v. ThomasAppellate Court of Illinois · 1905