Legal Opinion

Lake Street Elevated R. Co. v. Brooks

Appellate Court of Illinois

Decided July 5, 1900PublishedCited by 2 opinions

Action on the Case.—Appeal from the Circuit Court of Cook County; the Hon. John C. Carver, Judge, presiding. Heard in this court at the October term, 1899.

1Opinion of the Court

Mr. Presiding Justice Adams

delivered the opinion of the court.

The demurrer was a single pleading, but is expressed to be to each count, which is the same, in effect, as if a separate demurrer had been filed to each count. Sanford v. Gaddis, 13 Ill. 329.

The question on this appeal is, whether each count of the declaration is legally sufficient. The court having overruled a demurrer to each count, if any count is insufficient in substance, the judgment can not be sustained, because in such case we can not know that damages were not assessed on the insufficient count. Backus v. Richardson, 5…

2Cases cited2 opinions

  1. Backus v. RichardsonCourt for the Trial of Impeachments and Correction of Errors · 1809
  2. Sanford v. GaddisIllinois Supreme Court · 1851

3Cited by2 opinions

  1. Metropolitan West Side Elevated R. R. v. GollAppellate Court of Illinois · 1902
  2. Rockford Metal Specialty Co. v. WesterAppellate Court of Illinois · 1924

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