Brockman v. McDonald
Illinois Supreme Court
This cause was heard before Minshall, Judge, at October term, 1851, of the Brown Oirquit Court. The plea in abatement set out the variance as stated in the opinion, to which a demurrer was interposed. The proceedings in the court below were commenced against the Brockmans and Joseph Miller. The judgment was rendered in a suit against Thomas S. Brockman, James Brockman and William O. F. Campbell, as defendants. The name of Campbell does not appear anywhere else in the record.
1Opinion of the CourtScates, J.
Two questions are presented. First, the court sustained a demurrer to a plea in abatement for a variance between the writ and declaration, and we think properly. The writ described the defendant as “ administrator of the estate of John W. Montague, deceased,” and the declaration as “ administrator (with the last will and testament of John W. Montague, deceased, annexed) of all and singular the goods and chattels, rights and credits which were of the said John W. Montague, deceased, at the time of his death.” This variance is immaterial. The character and rights of the administrator are the…
2Cases cited2 opinions
- Harman v. BrothersonCourt for the Trial of Impeachments and Correction of Errors · 1845
- McDonald v. WilkieIllinois Supreme Court · 1851
3Cited by5 opinions
- Williams v. ChalfantIllinois Supreme Court · 1876
- Supreme Lodge Knights of Honor v. GoldbergerIllinois Supreme Court · 1898
- Miller v. GlassAppellate Court of Illinois · 1884
- Heintz v. PrattAppellate Court of Illinois · 1894
- Watson Newell v. Steinau Bros.Supreme Court of Rhode Island · 1895