Illinois Central Railroad v. Road District No. 1

Appellant brought suit in the Circuit Court of Alexander county against appellee to recover $1,000, alleged to be due from appellee to appellant under and by virtue of a written contract which is fully set out in the declaration. The pleadings terminated in issue joined on defendant’s demurrer to the amended declaration. The court sustained the demurrer and entered judgment against the plaintiff for costs, from which plaintiff appealed.

It appears that in December, 1891, there was pending in the Circuit Court of Alexander county a suit or proceeding instituted by the Highway Commissioners of…