Meyer v. Ross
Appellate Court of Illinois
Action of trover. Error to the Superior Court of Cook County; the Hon. Jesse Holdom, Judge, presiding. Statement by the Court. This is an action in trover brought as the amended declaration stated by “Alfred F. Boss for himself and as trustee for Jessie M. Sidway and Cynthia A. Mead and B. W. Ostrander, the plaintiffs in this suit,” by their attorney, etc. The name of Ostrander was not in the original declaration, but was inserted as part of the amendment.
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Action of trover. Error to the Superior Court of Cook County; the Hon. Jesse Holdom, Judge, presiding. Statement by the Court. This is an action in trover brought as the amended declaration stated by “Alfred F. Boss for himself and as trustee for Jessie M. Sidway and Cynthia A. Mead and B. W. Ostrander, the plaintiffs in this suit,” by their attorney, etc. The name of Ostrander was not in the original declaration, but was inserted as part of the amendment. The declaration proceeds to say that “Whereas the plaintiff on to wit,” etc.; and ,it continues its averments in the name of the…
1Opinion of the CourtJustice Freeman
It is urged first as ground for reversal, that the amended declaration does not state with certainty and accuracy whether there are one, two or three plaintiffs, that it was therefore bad on general demurrer, and that- it will not support the judgment. If there was uncertainty in the respect stated, it must, we think, he deemed aided by the default and judgment. The plaintiff Ross sues in trover “for himself and as trustee.” The declaration is carelessly drawn, but where the intendment of the declaration is clearly discernible from the language used, mere clerical and grammatical errors are…
2Cases cited8 opinions
- Bacon v. SchepflinIllinois Supreme Court · 1900
- Monmouth Mining & Manufacturing Co. v. ErlingIllinois Supreme Court · 1894
- Odd Fellows Hall Ass'n v. McAllisterMassachusetts Supreme Judicial Court · 1891
- Union National Bank v. BarthIllinois Supreme Court · 1899
- Penley v. RecordSupreme Judicial Court of Maine · 1876
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Wey v. DooleyAppellate Court of Illinois · 1907