Daggitt v. Mensch
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. George Driggs, Judge, presiding. Suit was brought in the circuit court of Cook county by Joseph Daggitt, against Mary Mensch and Charlotte A. Baker, upon an appeal bond executed in an action of forcible entry and detainer.
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. George Driggs, Judge, presiding. Suit was brought in the circuit court of Cook county by Joseph Daggitt, against Mary Mensch and Charlotte A. Baker, upon an appeal bond executed in an action of forcible entry and detainer. The amended declaration contains but one count, which is as follows: “Plaintiff complains of defendants of a plea that they render him $2500 which they owe to and unjustly detain from him; recites that defendants, on August 20, 1887, at…
1Opinion of the CourtJustice Scholfield
Whether an appeal “is prosecuted with effect” is not a question of fact, but a question of law, arising upon facts, and the familiar rule of pleading is, “facts only are to be stated in pleading, and not. arguments or inferences or matters of law.” 1 Chitty’s Pleading, (9th Am. ed;) 214; Kilgore v. Ferguson et al. 77 Ill. 213; People v. Crotty, 93 id. 180; Hatch v. Peet, 23 Barb. 583.
The averment that “on May 26, 1890, said suit was finally terminated by order of said circuit court then duly entered of record,” is manifestly insufficient to fix the liability of appellees, because the order so…
2Cases cited2 opinions
- Hatch v. PeetNew York Supreme Court · 1857
- Kilgore v. FergusonIllinois Supreme Court · 1875
3Cited by5 opinions
- Rehm v. HalversonIllinois Supreme Court · 1902
- Rehm v. HalversonAppellate Court of Illinois · 1901
- Hawes v. SternheimAppellate Court of Illinois · 1894
- Central States Cooperatives, Inc. v. Watson Bros. Transportation Co., IncCourt of Appeals for the Seventh Circuit · 1950
- Hollywood Building Corp. v. Greenview Amusement Co.Appellate Court of Illinois · 1944