Mix v. Chandler
Illinois Supreme Court
Appeal from the Superior Court of Chicago. This was an action of assumpsit, brought by the appellees, Peyton E. Chandler, Samuel L. Keith, and Thomas Snell, against the appellant, impleaded with Benjamin F. Murphy, leander E. Murphy, and Eobert P. Murphy, at the May Term, 1865, of the Superior Court of Chicago. The further facts in this case are stated in the opinion.
1Opinion of the CourtJustice Lawrence
In this case the defendants demurred to the plaintiffs’ replication. There was no joinder. When the cause was regularly called for trial the demurrer was heard and overruled, and damages assessed by a jury, upon whose verdict a final judgment was rendered. At a subsequent day of the term, one of the defendants moved to set aside the verdict and judgment, which motion was overruled.
It is urged for the appellants, first, that judgment was improperly rendered on the demurrer without a joinder, and, second, that the case was heard in violation of the rules of practice established by the Superior…
2Cited by4 opinions
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- Ettinghausen v. MarxIllinois Supreme Court · 1877
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. CloudIndiana Court of Appeals · 1915