Legal Opinion

Pike v. Heinzmann

Appellate Court of Illinois

Decided June 19, 1900Published

Trespass on the Case.—Appeal from the Superior Court of Cook County; the Hon. Jesse Holdoh, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1899.

1Opinion of the CourtJustice Shepard

This suit was begun in trespass on the case. The declaration consisted of two counts, one in trespass and the other in case. Since the abolition, by the statute, of the distinction between actions of trespass and trespass on the case, a count in trespass and one in case may be properly joined in a declaration filed in a suit begun in either form. Blalock v. Randall, 76 Ill. 224; Krug v. Ward, 77 Ill. 603; Barker v. Koozier, 80 Ill. 205; St. Louis, Vandalia, etc. R. R. Co. v. Town of Summit, 3 Ill. App. 155; Gay v. DeWerff, 17 Ill. App. 417.

But though the statute has done away with the…

2Cases cited7 opinions

  1. Krug v. WardIllinois Supreme Court · 1875
  2. Blalock v. RandallIllinois Supreme Court · 1875
  3. Field v. LeiterIllinois Supreme Court · 1886
  4. Page v. PuyIllinois Supreme Court · 1866
  5. Barker v. KoozierIllinois Supreme Court · 1875

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