Mayer v. Lawrence
Appellate Court of Illinois
Debt, for rent. Appeal from the County Court of Gallatin County; the Hon. D. M. Kinsall, Judge, presiding. Submitted at the August term, 1894.
1Opinion of the Court
Mr. Presiding Justice Scofield
delivered the opinion of the Court.
This was an action of debt, in which the pleader inadvertently used the word promise instead of agree, in the second count of the declaration, which is a common count and not a special count. Hence, it is insisted that the trial court erred in not sustaining the motion in arrest of judgment on the ground of a misjoinder of counts in the declaration, the first count being in debt and the second in assumpsit.
A general demurrer was filed to the declaration and overruled, whereupon the appellant pleaded in bar to the whole…
2Cases cited5 opinions
- Stearns v. CopeIllinois Supreme Court · 1884
- American Express Co. v. PinckneyIllinois Supreme Court · 1862
- Warner v. CraneIllinois Supreme Court · 1858
- Stevenson v. SherwoodIllinois Supreme Court · 1859
- Adams v. HardinIllinois Supreme Court · 1857
3Cited by3 opinions
- Supreme Court of Honor v. TurnerAppellate Court of Illinois · 1901
- Schwartsman v. Wilmington Stores Co.Superior Court of Delaware · 1924
- Story & Clark Organ Co. v. RendlemanAppellate Court of Illinois · 1896