Lehmann v. Warren Webster & Co.
Appellate Court of Illinois
Assumpsit.—Appeal from the Circuit Court of Cook County; the Hon. Bichard W. Clifford, Judge presiding. Heard in this court at the October term, 1902. August 3, 1899, appellee brought an assumpsit against Augusta Lehmann, conservatrix of thé estate of Ernst J. Lehmann, distracted, and filed therein a declaration consisting of the common counts'only. To this declaration the defendant pleaded non-assumpsit.
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Assumpsit.—Appeal from the Circuit Court of Cook County; the Hon. Bichard W. Clifford, Judge presiding. Heard in this court at the October term, 1902. August 3, 1899, appellee brought an assumpsit against Augusta Lehmann, conservatrix of thé estate of Ernst J. Lehmann, distracted, and filed therein a declaration consisting of the common counts'only. To this declaration the defendant pleaded non-assumpsit. Afterward Lehmann died and appellants as his executors were substituted as defendants. March 18, 1901, the declaration was amended by the filing of additional counts, in which it is averred…
1Opinion of the CourtJustice Ball
First. Appellants say that after the two causes were consolidated, there was but one cause pending; and therefore, at the trial there could be but one verdict and one judgment; and hence the action of the trial judge in directing the jury to bring in two verdicts, one in each original case, and his action thereafter in entering two judgments against appellants, were reversible errors; and also that the instruction to the jury to bring in two verdicts was prejudicial to appellants.
Here were two causes based upon the same contract, in which the plaintiffs in the one case were the defendants in…
2Cases cited11 opinions
- Mutual Life Insurance v. HillmonSupreme Court of the United States · 1892
- Barton v. GrayMichigan Supreme Court · 1885
- Chicago & Great Western Railroad Land Co. v. PeckIllinois Supreme Court · 1885
- Western Union Railroad v. SmithIllinois Supreme Court · 1874
- Evans v. Chicago & Rock Island RailroadIllinois Supreme Court · 1861
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3Cited by1 opinion
- City of Chicago v. AtkinsAppellate Court of Illinois · 1958