Legal Opinion

Evans v. Gould

Appellate Court of Illinois

Decided April 11, 1899Published

Assumpsit, on a contract of hiring. Trial in the County Court of Cook County; the Hon. Albert O. Marshall, Judge, presiding. Finding and judgment for plaintiff; appeal by defendants. Heard in the Branch Appellate Court at the March term, 1899.

1Opinion of the Court

Mr. Jüstioe Shepard

delivered the opinion of the court.

According to appellant’s abstract of the record, the declaration consisted of the common counts and one or more special counts upon an express contract, but nothing is shown of the contents of the special counts or either of them. ¥e might fairly be presumed to have knowledge of what the common counts in an assumpsit suit contain, but not so concerning a special count upon an express contract.

Another serious defect in appellant’s abstract, is the omission to include in it any mention of his assigned errors, which constitute his pleading in…

2Cases cited4 opinions

  1. Richey v. DunhamAppellate Court of Illinois · 1893
  2. Linder v. Monroe's ExecutorsIllinois Supreme Court · 1864
  3. Superior Lumber Co. v. TracyAppellate Court of Illinois · 1898
  4. Heidenbluth v. RudolphAppellate Court of Illinois · 1893

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