West Chicago Street Railway Co. v. Krueger
Appellate Court of Illinois
Trespass on the Case, for personal injuries. Appeal from the Superior Court of Cook County; the Hon. Nathaniel C. Seaes, Judge, presiding.
1Opinion of the CourtJustice Waterman
The record fails to show any plea by the defendant. It is therefore urged that the verdict was rendered in a case where no issue had been formed, and should, for that reason, be set aside.
The record does show that the defendant demurred to the original declaration, consisting of four counts; that this demurrer was overruled, and the plaintiff permitted to file an additional count, which was afterward withdrawn from the jury. The record further shows that the defendant appeared and voluntarily went to trial as if the plea of the general issue had been filed, and introduced evidence which it…
2Cases cited9 opinions
- Berry v. StateSupreme Court of Georgia · 1851
- McDonald v. PeopleIllinois Supreme Court · 1888
- Strohm v. HayesIllinois Supreme Court · 1873
- Armstrong v. MockIllinois Supreme Court · 1855
- Kelsey v. LambIllinois Supreme Court · 1859
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3Cited by4 opinions
- Henderson v. DreyfusNew Mexico Supreme Court · 1919
- George A. Fuller Co. v. DarraghAppellate Court of Illinois · 1902
- Chicago & Eastern Illinois R. R. v. ClemingerAppellate Court of Illinois · 1898
- T. Nicholson & Sons v. O'DonaldAppellate Court of Illinois · 1898