Jacob v. City of Peoria

Edward J. Jacob brought an action of assumpsit in the circuit court of Peoria county against the city of Peoria. The declaration consisted of the common counts and a special count. The city interposed a demurrer to the declaration. Thereafter the plaintiff withdrew the common counts, and the demurrer limited to the special count was overruled. The city elected to abide by its demurrer and judgment was rendered against it for $4087 and costs. On appeal by the city to the Appellate Court for the Second District, the judgment was reversed and the cause was remanded to the circuit court with…