Johnson v. Chicago & Pacific Elevator Co.
Illinois Supreme Court
Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Circuit Court of Cook county.
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Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Circuit Court of Cook county. This was a suit commenced by petition in the circuit court of Cook county, under chapter 12 of the Revised Statutes, entitled “Attachment of Water Craft, ” by the Chicago and Pacific Elevator Company, against Jacob Johnson, for damages arising from the tug-boat “Parker, ” of which Johnson was alleged to be the owner, through the negligence of the agents of Johnson then in charge of the tug-boat towing the schooner “G-. C. Trumpf, •” on the Chicago river, whereby the…
1Opinion of the CourtJustice Sheldon
There are various errors assigned. It is objected that the requirement of an affidavit of a defence upon the merits to be filed with a demurrer, is a special law of practice, and violates section 22, article 4, of the State constitution, respecting special legislation. We do not regard this requirement as special legislation. It is general to this class of cases.
It is alleged the petition ■ and bond were insufficient, and that no affidavit of merits could be required until a sufficient petition and bond had been filed. We do not .consider the petition defective in the particulars pointed out.…
2Cases cited4 opinions
- The PlymouthSupreme Court of the United States · 1866
- Beall v. New MexicoSupreme Court of the United States · 1873
- Whitehurst v. ColeenIllinois Supreme Court · 1870
- Wilder v. ArwedsonIllinois Supreme Court · 1875
3Cited by12 opinions
- Skinner v. Reed-Prentice Division Package MacHinery Co.Illinois Supreme Court · 1978
- St. Joseph Hospital v. Corbetta Construction Co.Appellate Court of Illinois · 1974
- Babb v. City of ChampaignIllinois Supreme Court · 1994
- Carver v. GrossmanIllinois Supreme Court · 1973
- Chicago & Illinois Midland Railway Co. v. Evans Construction Co.Illinois Supreme Court · 1965
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