Parmelee v. Smith
Illinois Supreme Court
This was an action of assumpsit brought against Frank Parmelee and others, as common carriers, to the October term, 1857, and was tried before Manniere, Circuit Judge, and a jury, at the June'special'term of said court, 1858. The declaration contains four counts, charging the defendants as common carriers, and the common counts.
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This was an action of assumpsit brought against Frank Parmelee and others, as common carriers, to the October term, 1857, and was tried before Manniere, Circuit Judge, and a jury, at the June'special'term of said court, 1858. The declaration contains four counts, charging the defendants as common carriers, and the common counts. The first count alleges in substance, that the defendants were, common carriers in the city of Chicago, of goods, etc., for hire, in and by certain carriages and omnibuses, from a certain place, to" wit: the Michigan Southern and Northern Indiana Eailroad Depot, to a…
1Opinion of the CourtWalker, J.
It is insisted that it is error to render judgment on a verdict in an action of assumpsit which finds the defendant guilty, and assesses the plaintiff’s damages. The verdict is not strictly formal and technical, but is it substantially sufficient to support the judgment ? As a general rule, a verdict, although not formal, will be held sufficient if the court can, from its language, ascertain what was found, and it is in substance responsive to the issue tried, and it will be put in form so as to serve the justice of the case. In this case it is apparent that the jury intended to find, and…
2Cited by6 opinions
- Burke v. Louisville & Nashville RailroadTennessee Supreme Court · 1872
- Shoemaker v. JacksonSupreme Court of Iowa · 1905
- Magee v. MageeIllinois Supreme Court · 1872
- Scott v. ScottAppellate Court of Illinois · 1903
- Burke v. Louisville & Nashville RailroadTennessee Supreme Court · 1872
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