Legal Opinion

Montague & Co. v. Aygarn

Appellate Court of Illinois

Decided October 13, 1911No. Gen. No. 5510PublishedCited by 2 opinions

Bill in chancery. Appeal from the Circuit Court of Livingston county; the HoN. G-. W. Patton, Judge, presiding. Heard in this court at the April term, 1911.

1Opinion of the Court

Mr. Presiding Justice GIeorge W. Thompson

delivered the opinion of the court.

Appellants insist that the court erred in overruling the demurrer to the bill. After the demurrer was overruled appellants filed answers. By answering over after the demurrer was overruled they have waived their right to assign error on the ruling upon the demurrer (Bauerle v. Long, 165 Ill. 340; Anderson v. Olsen, 188 Ill. 502), except in so far as they may have the same advantage on final hearing, of the failure of the bill to state a cause of action and as to jurisdictional defects.

The main contention of appellants…

2Cases cited13 opinions

  1. West Chicago Street Railroad v. Morrison, Adams & Allen Co.Illinois Supreme Court · 1896
  2. Guyer v. WarrenIllinois Supreme Court · 1898
  3. Willoughby v. LawrenceIllinois Supreme Court · 1886
  4. Barrett v. HinckleyIllinois Supreme Court · 1888
  5. Perkins v. HadsellIllinois Supreme Court · 1869

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3Cited by2 opinions

  1. Daughters v. PrestonAppellate Court of Illinois · 1985
  2. Merle v. BeifeldAppellate Court of Illinois · 1915

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