Newell v. Board of Supervisors
Illinois Supreme Court
Appeal from the Circuit Court of Bureau county; the Hon. Madison E. Hollister, Judge, presiding. This was a hill in chancery in the Circuit Court of Bureau county exhibited by Benjamin Newell and others, against the county of Bureau, and Charles Baldwin, drainage commissioner, to enjoin the collection of certain notes executed by them, on the purchase of certain swamp lands, sold by Bureau county, and purchased by the complainants.
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Appeal from the Circuit Court of Bureau county; the Hon. Madison E. Hollister, Judge, presiding. This was a hill in chancery in the Circuit Court of Bureau county exhibited by Benjamin Newell and others, against the county of Bureau, and Charles Baldwin, drainage commissioner, to enjoin the collection of certain notes executed by them, on the purchase of certain swamp lands, sold by Bureau county, and purchased by the complainants. The bill charged in general terms, fraud and usury, to which there was a general demurrer by the defendants. The court sustained the demurrer, dissolved the…
1Opinion of the CourtJustice Breese
The only question presented by this record, is, as to the propriety of sustaining a general demurrer to the bill of “ complaint of appellants.
It is insisted by appellants that inasmuch as the demurrer was general to the whole bill, it admitted all the facts stated in the bill to be true, and as fraud and usury were charged, those facts were admitted, and therefore the demurrer should have been overruled.
The rule is, as we understand it, and have repeatedly stated, that the effect of a demurrer is to admit all facts properly pleaded, but not inferences of law from those facts. Stow v. Mussel,…
2Cases cited1 opinion
- Board of Supervisors v. BurchellIllinois Supreme Court · 1863
3Cited by11 opinions
- Smith v. BrittenhamIllinois Supreme Court · 1881
- Monarch Brewing Co. v. WolfordIllinois Supreme Court · 1899
- Sanitary District v. GiffordIllinois Supreme Court · 1913
- Thomas v. MackeySupreme Court of Colorado · 1877
- Canal Commissioners v. Village of East PeoriaIllinois Supreme Court · 1899
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