Grayville & Mattoon Railroad v. Burns
Illinois Supreme Court
Writ of Error to the Circuit Court of Eichland county; the Hon. James C. Allen, Judge, presiding. This was an action of assumpsit, brought in the court below by Burns, against the railroad company. Upon trial there was a verdict and judgment in favor of the plaintiff. The defendant thereupon sued out this writ of error.
1Opinion of the CourtJustice Scott
The declaration in this case contained a special count, to which a demurrer was sustained, and the common counts, to which was pleaded the general issue, and the Statute of Limitations that the cause of action did not accrue within five years, upon both of which pleas issue was joined. The action was brought to recover from the company the amount of the indebtedness of E. B. Davis & Co. to plaintiff, and on the trial plaintiff recovered a judgment for the full amount of such indebtedness. It is clear, if plaintiff can recover at all in this action, it must be on the ground the railroad…
2Cited by2 opinions
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- Lincoln Coal Mining Co. v. McNallyAppellate Court of Illinois · 1884