Smith v. McLean
Illinois Supreme Court
Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Superior Court of Cook county; the Hon. Elliott Anthony, Judge, presiding.
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Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Superior Court of Cook county; the Hon. Elliott Anthony, Judge, presiding. This is covenant, upon the following instrument; “This indenture, made this 18th day of February, in the year of our Lord, 1884, between John D. McLean and Jacob Retterer, of Chicago, Illinois, party of the first part, for themselves, their heirs, executors, administrators and assigns, and James H. Smith, of Quincy, Illinois, and Thomas W. Pattison, of Chicago, Hlinois, party of the second part, for themselves, their heirs,…
1Opinion of the CourtJustice Scholfield
It is unnecessary to consider whether the Superior Court erred in sustaining the demurrer to the first amended plea, because the same evidence that was admissible under that plea was admissible under the second and fourth pleas, upon which issues were joined. (Zirkel v. Joliet Opera House Co. 79 Ill. 334; Zimmerman v. Willard et al. 114 id. 364.) Since the issues of fact were found in favor of the plaintiffs, and that finding is affirmed by the judgment of the Appellate Court, it only remains for. us to inquire whether the Superior Court erred in overruling the demurrer to the replication to…
2Cases cited2 opinions
- Kellenberger v. ForesmanIndiana Supreme Court · 1859
- Zirkel v. Joliet Opera House Co.Illinois Supreme Court · 1875
3Cited by17 opinions
- Barrett v. BoddieIllinois Supreme Court · 1895
- O'Neal v. BainbridgeSupreme Court of Kansas · 1915
- Tedstrom v. PuddephattSupreme Court of Arkansas · 1911
- Snook & Austin Furniture Co. v. Steiner & EmerySupreme Court of Georgia · 1903
- Contratto v. Star Brewery Co.Appellate Court of Illinois · 1911
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