Cadwell v. Farrell
Illinois Supreme Court
This is an action entitled, “ of a plea of trespass on the case,” wherein Julia Farrell is plaintiff, and Frederick A. Cadwell is defendant, commenced and tried in the Superior Court of Chicago. Plea, general issue.
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This is an action entitled, “ of a plea of trespass on the case,” wherein Julia Farrell is plaintiff, and Frederick A. Cadwell is defendant, commenced and tried in the Superior Court of Chicago. Plea, general issue. The first count of the plaintiff’s declaration, alleges that the plaintiff, on the thirteenth day of July, A. D. 1860, at the request of the defendant, retained and employed the defendant as an oculist and physician, in and about the endeavoring to cure the plaintiff of a certain defect and imperfection, a white spot, which the plaintiff then had upon the corner of her left eye,…
1Opinion of the CourtWalker, J.
It is insisted that there is a misjoinder of counts in this declaration; that the sixth count is in trespass, whilst the others are in case. This is the only question raised upon this record. If this objection is well taken, the court below erred in refusing to arrest the judgment. The sixth count avers that appellee had a spot on her left eye, which injured her personal appearance, and that appellant falsely, fraudulently and deceitfully represented and pretended to appellee, that by means of his skill and knowledge as an oculist, that he could remove the blemish from her eye, and render its…
2Cited by3 opinions
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- Horne v. MandelbaumAppellate Court of Illinois · 1883
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