Brown v. Keller
Illinois Supreme Court
Writ of Error to the Superior Court of Chicago. This was an action of debt brought in the court below by Peter P. Keller against Helen S. Brown. The declaration contained two counts for rent, and a third for use and occupation.
Read the full summary
Writ of Error to the Superior Court of Chicago. This was an action of debt brought in the court below by Peter P. Keller against Helen S. Brown. The declaration contained two counts for rent, and a third for use and occupation. Upon trial, the jury returned a verdict as follows: “We, the jury, find for the plaintiff, amount of rent due, two hundred and twenty-two dollars and forty cents,” upon which the following judgment was entered: “ It is considered that the said plaintiff do have and recover “ of and from said defendant, the said amount of two hundred “ and twenty-two dollars and forty…
1Opinion of the CourtChief Justice Walker
It is insisted that the verdict is not responsive to the issue in this case. The declaration is in debt. The first two counts for rent, and the third for use and occupation. The verdict is this: “We, the jury, find for the plaintiff, amount of rent due, two hundred and twenty-two dollars and forty cents.” The court, without having the jury to find the debt and damages, had it entered, and rendered judgment, that the plaintiff recover of the defendant the sum so found by the jury. It is urged that the verdict and judgment are in assumpsit, whilst the action being debt, it is erroneous. It…
2Cited by2 opinions
- Daft v. DrewAppellate Court of Illinois · 1891
- West Chicago St. R. R. v. HorneAppellate Court of Illinois · 1902