Folsom v. School Directors of District No. 5
Illinois Supreme Court
Appeal from the Circuit Court of McLean county; the Hon. Thomas F. Tiptoe, Judge, presiding. This is a suit in assumpsit for money borrowed by the defendants of one S. A. Holbrook, who transferred the orders issued therefor by indorsement to the plaintiff. The defendants demurred to plaintiff’s declaration, the demurrer was sustained by the court, and plaintiff appeals.
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Appeal from the Circuit Court of McLean county; the Hon. Thomas F. Tiptoe, Judge, presiding. This is a suit in assumpsit for money borrowed by the defendants of one S. A. Holbrook, who transferred the orders issued therefor by indorsement to the plaintiff. The defendants demurred to plaintiff’s declaration, the demurrer was sustained by the court, and plaintiff appeals. The first count is as follows: “In this action Peter Folsom, the plaintiff, by Bloomfield, Pollock & Campbell, his attorneys, complains of the School Directors of District number 5, township 24 north,-range 4 east, county of…
1Opinion of the CourtJustice Dickey
No objection is perceived to the common counts, and it was plainly error to sustain a demurrer to a declaration containing these counts. The judgment in this case, therefore, must .necessarily be reversed.
■ It. is insisted by counsel for appellees, that in declarations against a quasi corporation of limited powers, such as the school directors of a district, the cause of action must be specifically set out, so that the court may see affirmatively that the liability sued upon is one authorized by the statute. No authority is produced in support of this position on the question of pleading. It…
2Cases cited1 opinion
- Clark v. School DirectorsIllinois Supreme Court · 1875
3Cited by3 opinions
- Weil v. Mayor of NewbernTennessee Supreme Court · 1912
- Reiger v. Board of EducationIllinois Supreme Court · 1919
- Green v. DyersburgU.S. Circuit Court for the District of Western Tennessee · 1879