Miller v. McManis
Illinois Supreme Court
Appeal from the Circuit Court of Bureau county; the Hon. Edwin S. Leland, Judge, presiding. George G. McManis brought two suits in debt, in the Bureau circuit court, against John S. Miller and Jacob Chritzman., The alleged ground of recovery was for the use of a patent right, which plaintiff held for the manufacture and sale of the “ Luper Patent Corn Cultivator,” in the counties of Bureau, Knox, Henry and Stark, in this State.
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Appeal from the Circuit Court of Bureau county; the Hon. Edwin S. Leland, Judge, presiding. George G. McManis brought two suits in debt, in the Bureau circuit court, against John S. Miller and Jacob Chritzman., The alleged ground of recovery was for the use of a patent right, which plaintiff held for the manufacture and sale of the “ Luper Patent Corn Cultivator,” in the counties of Bureau, Knox, Henry and Stark, in this State. The claim was based on two separate contracts, the first a written, and the second a verbal contract. Plaintiff only claimed to own the patent right for these…
1Opinion of the CourtJustice Walker
It is first urged, that the court below erred in rendering judgment while the demurrer was undisposed of to defendants’ tenth and eleventh pleas. On the trial in the court below, the parties entered into this stipulation:
“ It is agreed in this cause, that either party may offer any legal evidence as to the actual state of the account between plaintiff and defendants on the issues of fact made up in said cause, so as to have a trial on the merits, on said issues, without reference to questions as to the form of such pleadings or the form of action or defense, saving to plaintiff that no…
2Cited by11 opinions
- Riggins v. Missouri River, Fort Scott & Gulf RailroadSupreme Court of Missouri · 1881
- Stevens v. StembridgeSupreme Court of Georgia · 1898
- People ex rel. Shake v. LordIllinois Supreme Court · 1925
- Woodruff v. City of ChicagoIllinois Supreme Court · 1946
- Lang & Gros Mfg. Co. v. Ft. Wayne Corrugated Paper Co.Court of Appeals for the Seventh Circuit · 1921
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