Carter v. White
Illinois Supreme Court
Wbit ob Ebbob to the Circuit Court of Pulaski county; the Hon. Wesley Sloam, Judge, presiding. TMs was a suit instituted in the corat below by Edward H. White against John W. Monahan and several others. In the commencement of the declaration it was stated that the defendants had been “ summoned to answer the said plaintiff of a plea of trespass on the case.”
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Wbit ob Ebbob to the Circuit Court of Pulaski county; the Hon. Wesley Sloam, Judge, presiding. TMs was a suit instituted in the corat below by Edward H. White against John W. Monahan and several others. In the commencement of the declaration it was stated that the defendants had been “ summoned to answer the said plaintiff of a plea of trespass on the case.” The summons also commanded the sheriff to summon the defendants to appear and answer the plaintiff “ of a plea of trespass on the case, to his damage,” etc. 'There were five counts in the declaration; the first and second made reference…
1Opinion of the CourtJustice Breese
The action of assumpsit, so called, is an action on the case, and is properly entitled an action of trespass on the case. To determine the cause of action, whether for a tort or on promises, we must look to the declaration. The first and second counts are very in artificially drawn, to say the least, and are meaningless. The third, fourth and fifth counts are counts in assumpsit.
The judgment is correctly entered against all the defendants, as appears by the amended record filed.
As there are no facts preserved by the bill of exceptions, we cannot determine whether the court, sitting as a jury,…
2Cited by6 opinions
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- Illinois Steel Co. v. EylenfeldtAppellate Court of Illinois · 1896
- Durham v. StubbingsAppellate Court of Illinois · 1903
- Sherburne v. Tobey Furniture Co.Appellate Court of Illinois · 1886
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