Morrill v. Baggott
Appellate Court of Illinois
Memorandum.—Appeal from the Circuit Court of Cook County; the Hon. Francis Adams, Judge, presiding. Judgment on demurrer to pleas. Heard in this court at the October term, 1894, and affirmed.
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Memorandum.—Appeal from the Circuit Court of Cook County; the Hon. Francis Adams, Judge, presiding. Judgment on demurrer to pleas. Heard in this court at the October term, 1894, and affirmed. Copy of fifth plea: And the defendant, for a further plea in his behalf, says actio non, because he says that the several supposed causes of action of the said declaration mentioned are one and the same, to wit, the supposed cause of action in the first and second counts of said declaration mentioned, and not other or different causes of action; and defendant avers that after the making of the said lease…
1Opinion of the CourtJustice Gaey
The appellant is sued as guarantor of the payment of rent to accrue, under a lease from the appellee to Bobert F. Bertie and Otto Bichter.
Many pleas were filed by the appellant, all of which were held bad on demurrer and judgment entered for the appellee. The counsel of the appellant say in their brief that it is to the fifth plea “ we desire to direct the special attention of the court,” and their argument is almost wholly confined to that plea. We will only consider that plea, as it is clear that the defense relied upon, is the matter there stated. In effect that plea is that before the…
2Cases cited4 opinions
- Chapman v. McGrewIllinois Supreme Court · 1858
- Martin v. WhiteAppellate Court of Illinois · 1891
- Williams v. BoydenAppellate Court of Illinois · 1889
- Sauber v. CollinsAppellate Court of Illinois · 1891
3Cited by3 opinions
- Sterenberg v. BeachAppellate Court of Illinois · 1920
- Hodges v. TruaxIndiana Court of Appeals · 1898
- Smith v. BellroseAppellate Court of Illinois · 1916