Devine v. Chicago City Railway Co.
Appellate Court of Illinois
Action in case for death caused by alleged wrongful act. Appeal from the Superior Court of Cook county; the Hon. Robert W. Weight, Judge, presiding.
1Opinion of the CourtJustice Freemar
It is claimed in behalf of appellant that the cause was tried while there was still pending and undetermined a demurrer to the declaration. This question, however, was not raised in the trial court until after the verdict. There was no joinder in demurrer. As said in Hopkins v. Woodward, 75 Ill. 62-64, while it may have been a technical error to proceed to trial with a demurrer undisposed of, no issue of law was raised as the pleadings stood. That case recognizes some apparent- inconsistencies in the decided cases, some of which apparently hold that it was error to proceed to trial under such…
2Cases cited4 opinions
- Kiley v. Chicago City Railway Co.Illinois Supreme Court · 1901
- Hopkins v. WoodwardIllinois Supreme Court · 1874
- Pinkerton v. SydnorAppellate Court of Illinois · 1900
- Peoria & Pekin Terminal Railway v. HoerrAppellate Court of Illinois · 1905