Webster v. Fleming
Illinois Supreme Court
Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Henry V. Freeman, Judge, presiding. This is an action of assumpsit, originally brought by the appellee, William Fleming, against the appellant, William E. Webster. A demurrer was filed to the original-declaration and sustained. A demurrer was also filed -to the declaration, after it had been-amended, and sustained.
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Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Henry V. Freeman, Judge, presiding. This is an action of assumpsit, originally brought by the appellee, William Fleming, against the appellant, William E. Webster. A demurrer was filed to the original-declaration and sustained. A demurrer was also filed -to the declaration, after it had been-amended, and sustained. The declaration, as finally amended, alleges that “William Fleming, plaintiff, * * * complains of William E. Webster, defendant.” Several pleas…
1Opinion of the CourtJustice Magruder
The main contention between the parties to this litigation has reference to the manner of bringing the suit. It is claimed by the appellant, that the suit should have been brought in the name of John J. Shutterly for the use of William Fleming, and not in the name of William Fleming alone. It appears that the original praecipe and summons were entitled “William Fleming vs. William E. Webster,” and that, in the declaration as finally amended, William Fleming, plaintiff, complained of William E. Webster, defendant. But the clerk, in entering up the judgment, entered it under the title of “John…
2Cases cited21 opinions
- Coster v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1871
- Hendrick v. LindsaySupreme Court of the United States · 1876
- Dean v. WalkerIllinois Supreme Court · 1882
- Eddy v. RobertsIllinois Supreme Court · 1856
- Rogers v. GosnellSupreme Court of Missouri · 1873
16 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Cotes v. BennettIllinois Supreme Court · 1899
- Adams v. ShirkCourt of Appeals for the Seventh Circuit · 1902
- Conerty v. RichtsteigIllinois Supreme Court · 1942
- In re ShoesmithCourt of Appeals for the Seventh Circuit · 1905
- Joslyn v. JoslynIllinois Supreme Court · 1944
38 more not listed; retrieve them via the Exa API.