Betting v. Hobbett
Illinois Supreme Court
Appeal from the Appellate Court for the Second District;— heard in that court on appeal from the Circuit Court of LaSalle county; the Hon. Dobbance Dibell, Judge, presiding.
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Appeal from the Appellate Court for the Second District;— heard in that court on appeal from the Circuit Court of LaSalle county; the Hon. Dobbance Dibell, Judge, presiding. Tarjon O. .Hobbett, widow of Olsen Hobbett, deceased, brought her action in the circuit court of LaSalle county, against Ambrose Betting and John L. Whitman, under the ninth section of the Dram-shop act, for causing, in whole or in part, the intoxication of the plaintiff’s husband, by reason whereof he was killed by a railway train. Judgment was rendered in the trial court for the plaintiff, and this judgment was affirmed…
1Opinion of the CourtJustice Scholfield
No question of the sufficiency of the declaration was so raised in the trial court, and preserved in the bill of exceptions, as to bring it properly, before this court for consideration ; and the question of variance between the allegations in the declaration and the evidence, which is discussed in appellant’s printed arguments, is not before us, because appellants waived it by not raising it in the circuit court, where it might have been obviated by an amendment to the declaration. (St. Clair County Benevolent Society v. Fietsam, 97 Ill. 474; Wight Fire Proofing Co. v. Poczekai, 130 id. 139;…
2Cases cited3 opinions
- Emory v. AddisIllinois Supreme Court · 1874
- St. Clair County Benevolent Society v. FietsamIllinois Supreme Court · 1881
- Kennedy Bros. v. SullivanIllinois Supreme Court · 1891
3Cited by11 opinions
- People v. FullerIllinois Supreme Court · 1909
- Robertson v. WhiteAppellate Court of Illinois · 1956
- Chicago & Alton Railroad v. City of PontiacIllinois Supreme Court · 1897
- Buck v. MaddockIllinois Supreme Court · 1897
- Erickson v. SveteAppellate Court of Illinois · 1916
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