Legal Opinion

Louisville, N. A. & C. Ry. Co. v. Carson

Appellate Court of Illinois

Decided June 29, 1896PublishedCited by 1 opinion

Assumpsit, for rent. Appeal from the Circuit Court of Cook County; the Hon. Thomas G-. Windes, Judge, presiding. Heard in this court at the March term, 1886.

1Opinion of the Court

Me. Presiding Justice Gary

delivered the opinion of tiie Court.

This is another action for rent upon .the same lease which was the basis of the action with the same title as this, reported in 51 Ill. App. 552, and 151 Ill. 444.

Differing from the former case, the appellant in this action verified its plea of.non-assumpsit. The appellees set up in their replication the former judgment as an estoppel preventing the appellant from re-litigating the question of the validity of the lease sued upon.

■ The appellant urges that in the first case, the plea not having been verified, the question now…

2Cases cited4 opinions

  1. Sarah v. ReadIllinois Supreme Court · 1882
  2. Louisville, New Albany & Chicago Railway Co. v. CarsonIllinois Supreme Court · 1894
  3. Louisville, N. A. & C. Ry. Co. v. CarsonAppellate Court of Illinois · 1894
  4. Chicago & Alton Railway Co. v. SuffernAppellate Court of Illinois · 1888

3Cited by1 opinion

  1. Marshall v. John Grosse Clothing Co.Appellate Court of Illinois · 1899

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