Montague & Co. v. Aygarn
Appellate Court of Illinois
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
- West Chicago Street Railroad v. Morrison, Adams & Allen Co.Illinois Supreme Court · 1896
- Guyer v. WarrenIllinois Supreme Court · 1898
- Willoughby v. LawrenceIllinois Supreme Court · 1886
- Barrett v. HinckleyIllinois Supreme Court · 1888
- Perkins v. HadsellIllinois Supreme Court · 1869
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3Cited by2 opinions
- Daughters v. PrestonAppellate Court of Illinois · 1985
- Merle v. BeifeldAppellate Court of Illinois · 1915