Foltz v. Stevens
Illinois Supreme Court
Writ of Error to the Circuit Court of Jasper county; the Hon. Hiram B. Deoils, Judge, presiding. This was an action of debt, brought by Foltz against Stevens. The following is the declaration: In the Circuit Court. To March Term, 1870. James Foltz, the plaintiff in this suit, complains of James B. Stevens, the defendant, of a plea that he render to the plaintiff, for the use of John H. Halley, the sum of ninety dollars, which he owes and unjustly detains from him.
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Writ of Error to the Circuit Court of Jasper county; the Hon. Hiram B. Deoils, Judge, presiding. This was an action of debt, brought by Foltz against Stevens. The following is the declaration: In the Circuit Court. To March Term, 1870. James Foltz, the plaintiff in this suit, complains of James B. Stevens, the defendant, of a plea that he render to the plaintiff, for the use of John H. Halley, the sum of ninety dollars, which he owes and unjustly detains from him. For that, whereas, the defendant heretofore, to-wit: On the thirtieth (30th) day of September, A. D. 1869, at said county, by his…
1Opinion of the CourtChief Justice Lawrence
This was an action of debt, in which the court sustained a demurrer to the first count of the declaration, and overruled a demurrer to the third plea. These rulings of the court are assigned for error.
The errors are well assigned. The first count merely declares upon a bond single for the payment of money, and contains nothing from which it could be inferred a condition was annexed to the bond. Neither does the count show the bond was taken by the plaintiff in an official capacity, and hence does not fall within the case of Patrick v. Rucker, 19 Ill. 439. Neither does the other count in the…
2Cited by5 opinions
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