Caldwell v. Richmond
Illinois Supreme Court
Writ oe Error to the Common Pleas Court of Sparta; the Hon. William P. Murphy, Judge, presiding. This was an action of debt, brought by Robert J. Richmond against Mary Caldwell and Jane Nimmock.
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Writ oe Error to the Common Pleas Court of Sparta; the Hon. William P. Murphy, Judge, presiding. This was an action of debt, brought by Robert J. Richmond against Mary Caldwell and Jane Nimmock. The special count in the declaration was on a penal bond, and alleged that the defendants, on the first of February, 1867, made their writing obligatory to the plaintiff in the penal sum of $1600 (in the usual form of bonds to convey land,) which recited that said Mary Caldwell had sold to plaintiff, on that day, lots 1, 2, 3, 7, 8, 9 and 10, in block 28, in the town of Eden, Randolph county,…
1Opinion of the CourtChief Justice Lawrence
The special count in the declaration in this ease was defective in not averring a tender of performance or readiness to perform on the part of the plaintiff. The defendant, however, waived his demurrer by pleading nil debet. This was not a good plea, but the parties went to trial and the jury found a verdict for the plaintiff for $740, without specifying whether it was for debt or damages, and the court rendered a general judgment for that amount. In this there was error. As has often been decided by this court, the verdict should havé specified the debt and damages, and a judgment should…
2Cited by2 opinions
- Chicago Sash, Door & Blind Manufacturing Co. v. HavenIllinois Supreme Court · 1902
- Foster v. People ex rel. ApolodimasAppellate Court of Illinois · 1905