Tunnison v. Field
Illinois Supreme Court
The affidavit in this case states an indebtedness under a written contract, for work and labor and materials. The declaration is'on common counts. A motion to dismiss suit for want of declaration, was sustained, and the suit was dismissed.
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The affidavit in this case states an indebtedness under a written contract, for work and labor and materials. The declaration is'on common counts. A motion to dismiss suit for want of declaration, was sustained, and the suit was dismissed. It is agreed by the parties in this cause, that the declaration copied into the record was filed within the time prescribed by agreement, but after the return term, and the only point of law at issue between them is, whether the same can be treated as a declaration in this case. The error assigned is, that the court below erred in sustaining the motion of…
1Opinion of the CourtWalker, J.
This was an attachment commenced to the October term, 1858, of the Madison Circuit Court. The affidavit upon which the proceeding is based was made by Tunnison, and alleges that defendants are indebted to plaintiffs “ in the sum of eight thousand three hundred and fifty-eight dollars and seventy-six cents. That said indebtedness was for work and labor done and materials furnished the said Field and Barton, by this affiant and Henry E. Warren, under a contract entered into, in writing, on the 25th day of June, 1856, between affiant and said Warren, of the one part, and the said Eield 'and…
2Cited by7 opinions
- Sands v. PotterIllinois Supreme Court · 1896
- Kawin & Co. v. American Colortype Co.Court of Appeals for the Seventh Circuit · 1917
- Gottschalk v. SmithAppellate Court of Illinois · 1894
- Tilton v. CofieldSupreme Court of Colorado · 1874
- Hughes v. ForemanAppellate Court of Illinois · 1898
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