Illinois & St. Louis Railroad & Coal Co. v. People
Appellate Court of Illinois
Appeal from the Circuit Court of St. Clair county; the Hon. Amos Watts, Judge, presiding.
1Opinion of the CourtWilkin, J.
This was originally an “action of assumpsit. The declaration was filed May 4, 1882.
It claimed single damages and made no reference to the statute. It was brought in the names of John Beaird and Charles Schroeder.
On the seventh of March, 1883, the amended declaration upon which the trial was had was filed. This declaration is in debt. It counts expressly upon the statute for treble damages, and is in the name of the People, etc., for the use of John Beaird and Charles Schroeder. To the amended declaration the appellant filed a plea setting up the two years Statute of Limitations. To it a…
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