Burrows v. Niblack
Court of Appeals for the Seventh Circuit
■ In Error to the Circuit Court of the United States for the Northern Division of the Northern District of Illinois. Of the five counts in the declaration in this ease (wo are common counts in assumpsit and three are special. The averments of two of the latter are to the effect that on March 10, 1893, the plaintiff in error. William if.
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■ In Error to the Circuit Court of the United States for the Northern Division of the Northern District of Illinois. Of the five counts in the declaration in this ease (wo are common counts in assumpsit and three are special. The averments of two of the latter are to the effect that on March 10, 1893, the plaintiff in error. William if. Burrows, sold, and of the third that he surrendered, to the Chemical National Bank of Chicago, 100 shares, which he owned, of the capital stock of that bank for the sum of 810,000, which sum, upon his then and there delivering to the bank the certificates of…
1Opinion of the CourtWoods, Circuit Judge
By statute in Illinois, a judgment will no.t be arrested'because of a defective count in a declaration which contains a good count. Iowa State Traveling Men’s Ass’n v. Moore’s Adm’rs, 34 U. S. App. 670, 19 C. C. A. 662, and 73 Fed. 750; 2 Starr & C. Ann. St. § 58, c. 110. The common counts of the declaration in this case being undeniably good, the first and second grounds of the motion in arrest of judgment were necessarily without merit, and the third ground is unavailing “because a motion in arrest of judgment can only be maintained for a defect apparent upon the face of the record, and the…
2Cases cited19 opinions
- National Bank v. MatthewsSupreme Court of the United States · 1879
- California Bank v. KennedySupreme Court of the United States · 1897
- National Bank v. WhitneySupreme Court of the United States · 1881
- McCormick v. Market BankSupreme Court of the United States · 1897
- Bond v. DustinSupreme Court of the United States · 1884
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3Cited by11 opinions
- Morse v. United StatesCourt of Appeals for the Second Circuit · 1909
- United States v. MorseDistrict Court, S.D. New York · 1908
- Moran v. SchlosbergDistrict Court, District of Columbia · 1937
- Jackman v. Continental Nat. BankCourt of Appeals for the Eighth Circuit · 1926
- Standard Livestock Co. v. Bank of CaliforniaCalifornia Court of Appeal · 1924
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