Sanford v. Gaddis
Illinois Supreme Court
This is an action on the case for slander. The declaration contained seven counts. A demurrer was interposed, in the court below, to the whole of the counts, and sustained to the first, fifth, and seventh counts, and overruled as to the others. The plaintiff then entered a nolle prosequi to all the counts except the first, fifth, and seventh.
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This is an action on the case for slander. The declaration contained seven counts. A demurrer was interposed, in the court below, to the whole of the counts, and sustained to the first, fifth, and seventh counts, and overruled as to the others. The plaintiff then entered a nolle prosequi to all the counts except the first, fifth, and seventh. The demurrer was in the following form: “And the said defendant comes and defends the wrong and injury when, &c., and says that the said several counts of the said declaration, and the matters and things therein contained, in manner and form as the same…
1Opinion of the CourtTrumbull, J.
The Circuit Court sustained demurrers to the first, fifth, and seventh counts of plaintiff’s declaration; whereupon he dismissed the other counts, and judgment was entered against him for costs. The sustaining of the demurrer to the counts named is assigned for error.
It has been contended that, if either count of the declaration was good, the demurrer should have been overruled. Such would be the case if the demurrer were general to the whole declaration; but it is to each count of the declaration, and alleges that neither is sufficient in law.
Had separate demurrers been written out to each…
2Cited by8 opinions
- United Surety Co. v. SummersCourt of Appeals of Maryland · 1909
- Harbison v. ShookIllinois Supreme Court · 1866
- White v. WhiteSupreme Court of Virginia · 1921
- Lake Street Elevated R. Co. v. BrooksAppellate Court of Illinois · 1900
- Pallet v. SargentSupreme Court of New Hampshire · 1858
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