Garrett v. Simpson
Appellate Court of Illinois
Foreclosure proceeding. Appeal from the Superior Court of Cook County; the Hon. Axel Chytraus, Judge, presiding.
1Opinion of the Court
He. Justice Ball
delivered the opinion of the court.
The learned chancellor did not err in overruling the demurrer to the amended bill of complaint. That demurrer was general. It went to the whole bill. It failed to point out any specific defect. Lacking this it ivas properly overruled, since an equitable cause of action is set out in the bill. Wescott v. Wicks, 72 Ill. 524; Gage v. Schmidt, 104 Ill. 106; Langlois v. McCullom, 181 Ill. 195. Appellants elected to stand by their demurrer, and thereupon the bill was taken as confessed. Every fact properly pleaded in the bill was thus admitted to…
2Cases cited7 opinions
- Pence v. LangdonSupreme Court of the United States · 1879
- Iglehart v. WessonIllinois Supreme Court · 1866
- Gray v. RobertsonIllinois Supreme Court · 1898
- Gage v. SchmidtIllinois Supreme Court · 1881
- Ortengren v. RiceAppellate Court of Illinois · 1903
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3Cited by1 opinion
- Khan v. Ocwen Loan Servicing, LLCDistrict Court, N.D. Illinois · 2021