Morton v. McClure
Illinois Supreme Court
This was an action of assumpsit brought by said McClure against said Morton, in said County Court, at March term, 1858. Declaration contains a count alleging that on 1st February, 1858, defendant was indebted to plaintiff in $300 for use and occupation of rooms, apartments and furniture, by wife and children of defendant, and for meat, drink, attendance, and other necessaries and goods, provided for defendant’s wife and children, at his request; and also the common counts…
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This was an action of assumpsit brought by said McClure against said Morton, in said County Court, at March term, 1858. Declaration contains a count alleging that on 1st February, 1858, defendant was indebted to plaintiff in $300 for use and occupation of rooms, apartments and furniture, by wife and children of defendant, and for meat, drink, attendance, and other necessaries and goods, provided for defendant’s wife and children, at his request; and also the common counts for goods bargained and sold, goods sold and delivered, work done and materials furnished, money lent, money paid to use…
1Opinion of the CourtWalker, J.
The difference in the orthography of Japheth and Japhath is so slight, as to make no material difference in the sound, and cannot constitute a variance. To be allowed, the variance must be substantial, and it is not fatal when so slight, as to make no perceptible difference in sound. Stevens v. Stebbins, 3 Scam. R. 25. The demurrer to the plea in abatement for the misnomer, was therefore properly sustained.
It is assigned as error that the finding of the jury was greater than the amount claimed by the bill of particulars, filed with the declaration. The practice act requires, that such a bill…
2Cited by8 opinions
- George H. Hess Co. v. DawsonIllinois Supreme Court · 1894
- McKinnie v. LaneIllinois Supreme Court · 1907
- Waidner v. PaulyIllinois Supreme Court · 1892
- American Rolling Mill Corp. v. Ohio Iron & Metal Co.Appellate Court of Illinois · 1905
- Bruno v. City of ChicagoAppellate Court of Illinois · 1919
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