Alton Railway & Illuminating Co. v. Foulds
Illinois Supreme Court
Appeal from the Appellate Court for the Fourth District;—heard in that court on appeal from the Circuit Court of Madison county; the Hon. William Hartzell, Judge, presiding. The appellee, as administrator of the estate of Ellen A. Foulds, deceased, recovered a judgment in the Madison circuit court against the appellant for wrongfully causing the death of his wife, said Ellen A. Foulds.
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Appeal from the Appellate Court for the Fourth District;—heard in that court on appeal from the Circuit Court of Madison county; the Hon. William Hartzell, Judge, presiding. The appellee, as administrator of the estate of Ellen A. Foulds, deceased, recovered a judgment in the Madison circuit court against the appellant for wrongfully causing the death of his wife, said Ellen A. Foulds. The Appellate Court for the Fourth District affirmed the judgment, and appellant has, by appeal, brought the record before this court for review. The first count of the declaration, as amended, and upon which,…
1Opinion of the CourtJustice Carter
It is first contended by appellant that the several counts of the declaration are defective and fail to state a cause of action,—that neither count is sufficient to support the judgment. It is not necessary to consider whetherfidie declaration is a good pleading, tested under the rules of pleading by demurrer, but only whether any one of its counts is sufficient, after verdict, to support the judgment. The rule is, that “where there is any defect, imperfection or omission in any pleading, whether in substance or in form, which would have been a fatal objection upon demurrer, yet if the issue…
2Cases cited1 opinion
- Chicago & Eastern Illinois Railroad v. HinesIllinois Supreme Court · 1890
3Cited by14 opinions
- Johnson v. Illini Mutual InsuranceAppellate Court of Illinois · 1958
- Commonwealth Electric Co. v. MelvilleIllinois Supreme Court · 1904
- Irving v. RodriquezAppellate Court of Illinois · 1960
- Ladow v. Oklahoma Gas & Elec. Co.Supreme Court of Oklahoma · 1911
- Edwards v. Cumberland County Power & Light Co.Supreme Judicial Court of Maine · 1929
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