Matson v. Swanson
Illinois Supreme Court
Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Circuit Court of Cook county; the Hon. E. W. Clifford, Judge, presiding. This was an action of debt, in the circuit court of Cook county.
Read the full summary
Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Circuit Court of Cook county; the Hon. E. W. Clifford, Judge, presiding. This was an action of debt, in the circuit court of Cook county. The declaration, omitting the caption, is as follows: “Canute E. Matson, plaintiff in this suit, who sues for the use of John Carlson, by Allan C. Story, his attorney, complains of Henry Bodelsen, John L. Swanson and Charles A. Florence, summoned, etc., of a plea of debt. For that, whereas, on the 7th day of January, A. D. 1887, Henry Bodelsen, being then in the…
1Opinion of the CourtJustice Scholfield
The Appellate Court reversed the judgment of the circuit court, as we learn from its opinion, (Swanson et al. v. Matson, 31 Ill. App.) on two grounds: First, that the judgment of Carlson v. Bodelsen is not stated in the declaration; and second, that the bond declared upon is void.
However obnoxious the declaration may have been to demurrer on the first of these grounds, we are of opinion that ground is not tenable as an objection on motion in arrest. This objection is not, that that which is attempted to be stated is not a cause of action, but that a cause of action is defectively stated, and…
2Cases cited3 opinions
- Barth v. CliseSupreme Court of the United States · 1871
- Pomeroy v. LappeusOregon Supreme Court · 1881
- Sullivan v. AlexanderNew York Supreme Court · 1821
3Cited by14 opinions
- Western Stone Co. v. WhalenIllinois Supreme Court · 1894
- People Ex Rel. Lehman v. LehmanIllinois Supreme Court · 1966
- State ex rel. Evans v. BroaddusSupreme Court of Missouri · 1912
- People ex rel. O'Connell v. NoonanIllinois Supreme Court · 1916
- Marske v. WillardIllinois Supreme Court · 1897
9 more not listed; retrieve them via the Exa API.