Semple v. Hailman
Illinois Supreme Court
Debt, in the Madison Circuit Court, brought by the defendants in error against the plaintiffs in error, and heard before the Hon. Gustavus P. Koerner, at the October term 1845, when a judgment was rendered in favor of the plaintiffs below for $2402, debt, and $1400, damages. The case, for the purposes of this decision, is sufficiently stated by the Court.
1Opinion of the Court
The Opinion of the Court was delivered by
Caton, J.*
The judgment in this case must be reversed. The suit was brought on four different writings obligatory set forth in as many different counts in the declaration. Issues were joined upon pleas to all of these counts, and the cause submitted to the Court for trial by the agreement of the parties. The Court found the issues joined on the three first counts in favor of the plaintiffs below, found their debt and assessed their damages. There was no finding upon the fourth count. In this there is manifest error. In Miller v. Trets, 1 Lord Raym. 324,…
2Cases cited2 opinions
- Patterson v. United StatesSupreme Court of the United States · 1817
- Van Benthuysen v. De WittNew York Supreme Court · 1809