Anderson v. Semple
Illinois Supreme Court
Covenant in the St. Clair Circuit Court, brought by the plaintiffs in error against the defendants in error. At the October term 1845, the Hon. Gustavus P. Koerner presiding, the defendants not appearing, a default was entered against them.
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Covenant in the St. Clair Circuit Court, brought by the plaintiffs in error against the defendants in error. At the October term 1845, the Hon. Gustavus P. Koerner presiding, the defendants not appearing, a default was entered against them. A jury was impannelled to assess the damages, and a verdict was rendered for the plaintiffs for $2319. At a subsequent day of the term, one of the defendants appeared, and entered a motion in arrest of judgment on account of the alleged insufficiency of the declaration. The Court sustained the motion, and judgment was arrested as to the damages, but not as…
1Opinion of the Court
The Opinion of the Court was delivered by
Scates, J.*
A history, rather than an abstract of the pleadings, is all that I deem necessary in this case, as the only material questions are questions of practice.
The plaintiffs brought an action of covenant upon the covenants in a deed for a breach of the warranty, by which they had lost their title. The declaration contained three counts. The defendants made default. A jury was impannelled and assessed damages. . Whereupon, on motion of defendants,, the Court arrested judgment upon the ground that some of the counts in the declaration were bad. This…
2Cases cited1 opinion
- Smock v. HendersonIndiana Superior Court · 1872
3Cited by1 opinion
- Chicago City Railway Co. v. PhillipsAppellate Court of Illinois · 1908