Ayers v. Richards
Illinois Supreme Court
The declaration in this ease commenced as in debt, and concluded to the damage of the plaintiff of one thousand dollars. The body of the declaration had but six counts, which were all in assumpsit. To this declaration defendant replied, that he did not owe the sum of $1,000 00, demanded as debt in the plaintiff’s declaration, &c., and gave notice with his plea, that he would rely upon the statute of limitations of five years, as a bar to the plaintiff’s demand.
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The declaration in this ease commenced as in debt, and concluded to the damage of the plaintiff of one thousand dollars. The body of the declaration had but six counts, which were all in assumpsit. To this declaration defendant replied, that he did not owe the sum of $1,000 00, demanded as debt in the plaintiff’s declaration, &c., and gave notice with his plea, that he would rely upon the statute of limitations of five years, as a bar to the plaintiff’s demand. By agreement, the cause was tried by the Court, Woodson, Judge, presiding, at September term, 1850, and a judgment was rendered for…
1Opinion of the CourtCaton, J.
The introductory part of this declaration is in the appropriate form for debt, but all the counts are strictly and technically in assumpsit. This, according to the cases of Cruikshank v. Brown, and McGinnety v. Laguereure, 5 Gilman, 75, and 161, is a declaration in assumpsit, and not in debt. The counts being all in assumpsit, there was no misjoinder, and the motion in arrest of judgment was properly overruled.
It can make no difference in the result here, whether we consider the testimony of McOonnel as so referring to the account filed with the declaration, as to enable us to look into that…
2Cited by8 opinions
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- Quayle v. GuildIllinois Supreme Court · 1878
- Mayberry v. WilloughbyNebraska Supreme Court · 1877
- Freeman v. WalkerAppellate Court of Illinois · 1896
- Herdien v. JonesAppellate Court of Illinois · 1916
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