Kimbell v. Miller

Sec. 21, Ch. 110, R. S. 1872, has abolished the distinction as to form between trespass and case, and if a cause of action is shown by the declaration in either form, it may be called the other. St. Louis V. & T. H. R. R. v. Town of Summit, 3 Ill. App. 155.

Here the declaration in the caption or queriiur calls the action case, and the counts are in trespass, in a blundering way. They state that without legal process, the appellant ‘‘ had the plaintiff taken by force and against his will to a police station ” in one count, and in the other “ caused the plaintiff to be arrested,” followed in…