Utter v. E. S. Jaffray & Co.
Illinois Supreme Court
Writ of Error to the Appellate Court for the Fourth District ;—heard in that court on writ of error to the Circuit court of Fayette county; the Hon. Jesse J. Phillips, Judge, presiding. This was an action on the case, commenced in the circuit court of Fayette county, by the firm of E. S. J affray & Co., against John Utter and George W. Utter.
Read the full summary
Writ of Error to the Appellate Court for the Fourth District ;—heard in that court on writ of error to the Circuit court of Fayette county; the Hon. Jesse J. Phillips, Judge, presiding. This was an action on the case, commenced in the circuit court of Fayette county, by the firm of E. S. J affray & Co., against John Utter and George W. Utter. The damages laid in the orginal declaration were $3000. In the amended declaration they were laid at $1000. On the pleas filed by the defendants, a trial was had before the court, without a jury. The court found the defendants guilty as charged in the…
1Opinion of the CourtJustice Scott
Only two errors are assigned on the record in this cause: First, the Appellate Court erred in sustaining the motion to amend the declaration; and second, in affirming the judgment of the circuit court.
As" respects the first error assigned, it is sufficient to say, as the record shows was the fact, the Appellate Court did not sustain the motion to amend the declaration, but refused it.
In support of the second error assigned, it is suggested the judgment in the circuit court was for a larger sum than the ad damnum in the amended declaration filed by plaintiffs, on leave given by the circuit…
2Cases cited2 opinions
- Parsons v. EvansIllinois Supreme Court · 1855
- James v. DexterIllinois Supreme Court · 1884
3Cited by7 opinions
- Metropolitan Accident Ass'n v. FroilandIllinois Supreme Court · 1896
- Kewanee National Bank v. LaddAppellate Court of Illinois · 1912
- Prairie State Loan & Building Ass'n v. GorrieIllinois Supreme Court · 1897
- Wells v. MathewsAppellate Court of Illinois · 1897
- Jones & Laughlin Steel Co. v. GrahamIllinois Supreme Court · 1916
2 more not listed; retrieve them via the Exa API.