Legal Opinion

Marsh v. Astoria Lodge No. 112

Illinois Supreme Court

Decided January 15, 1862PublishedCited by 8 opinions

This was an action of assumpsit, commenced in the Circuit Court of Fulton county, at the June term, 1861, by Astoria Lodge No. 112, Independent Order of Odd Fellows, against William E. D. Marsh, on an account.

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This was an action of assumpsit, commenced in the Circuit Court of Fulton county, at the June term, 1861, by Astoria Lodge No. 112, Independent Order of Odd Fellows, against William E. D. Marsh, on an account. The declaration contains the common counts for goods, wares and merchandise, sold and delivered to defendant at his request, also for money lent and advanced to, laid out and expended for defendant at his special instance and request, for money had and received by defendant for use of plaintiff, and for money found to be due on account stated. At the September term, 1861, of said…

1Opinion of the CourtBreese, J.

It is hardly necessary to examine in detail, the several errors assigned on this record. The conclusion we have arrived at, is, that under the statute of 1849, the suit is not properly brought. The act of February 8, 1849, entitled “ An act for the incorporation of the Grand Lodge of the State of Illinois, of the Independent Order of Odd Fellows, and the subordinate lodges thereunto belonging,” by the first section, declares the persons therein named and their successors to be a community, corporation and body politic by the name and style of “ The Grand Lodge of the State of Illinois, of the…

2Cited by8 opinions

  1. Blake v. PeopleIllinois Supreme Court · 1884
  2. Ohio Millers Mutual Insurance v. Inter-Insurance Exchange of the Illinois Automobile ClubIllinois Supreme Court · 1937
  3. Mitchell v. DeedsIllinois Supreme Court · 1867
  4. Stone v. Great Western Oil Co.Illinois Supreme Court · 1866
  5. People ex rel. Tilton v. MackeyIllinois Supreme Court · 1912

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