Grace & Hyde Co. v. Sanborn
Illinois Supreme Court
Appear from the Appellate Court for the First District;—•' heard in that court on appeal from the Superior Court of Cook county; the Hon. R. W. Wright, Judge,-presiding. . This is an appeal from the judgment of the superior court of Cook county against appellant for $21,450 in favor of appellee, rendered November 11, 1904, on a verdict in an action for personal injury. The original declaration contained only one count, to which the defendant filed a plea of not guilty.
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Appear from the Appellate Court for the First District;—•' heard in that court on appeal from the Superior Court of Cook county; the Hon. R. W. Wright, Judge,-presiding. . This is an appeal from the judgment of the superior court of Cook county against appellant for $21,450 in favor of appellee, rendered November 11, 1904, on a verdict in an action for personal injury. The original declaration contained only one count, to which the defendant filed a plea of not guilty. By leave of court plaintiff filed two additional counts, the first of which he withdrew in open court before any evidence was…
1Opinion of the CourtJustice Carter
The case went to the jury only upon the second additional count set out in the preceding statement, and it is insisted that it stated no cause of action. The alleged defect in this count was raised by a request for an instruction at the close of the evidence to take the case from the jury, and also by a motion in arrest of judgment. Its sufficiency was not challenged by demurrer. The rule is different when the sufficiency of a count in a declaration is raised by demurrer than when it is questioned upon appeal. Declarations which may be defective statements of a cause of action which on a…
2Cases cited7 opinions
- Sargent Co. v. BaublisIllinois Supreme Court · 1905
- McAndrews v. Chicago, Lake Shore & Eastern Railway Co.Illinois Supreme Court · 1906
- Consolidated Coal Co. v. ScheiberIllinois Supreme Court · 1897
- Baltimore & Ohio Southwestern Railway Co. v. KeckIllinois Supreme Court · 1900
- Illinois Central Railroad v. SwiftIllinois Supreme Court · 1904
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3Cited by10 opinions
- Brunhild v. Chicago Union Traction Co.Illinois Supreme Court · 1909
- Chenoweth v. BurrIllinois Supreme Court · 1909
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- Baker v. FrittsAppellate Court of Illinois · 1908
- Cowen v. Story & Clark Piano Co.Appellate Court of Illinois · 1912
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