Barber v. Whitney
Illinois Supreme Court
This was an action of assumpsit, commenced in the Circuit Court of Perry county by the appellees, who were plaintiffs in the court below, against the appellant, who was defendant in the court below, on a promissory note for two hundred and seventy-five dollars and fifty-three cents, made by appellant in favor of appellee. The declaration contains five counts, two special counts, and three common counts.
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This was an action of assumpsit, commenced in the Circuit Court of Perry county by the appellees, who were plaintiffs in the court below, against the appellant, who was defendant in the court below, on a promissory note for two hundred and seventy-five dollars and fifty-three cents, made by appellant in favor of appellee. The declaration contains five counts, two special counts, and three common counts. All the counts in the declaration are substantial and formal, excepting that the venue is not laid sufficiently certain in any one of the special counts, nor in the third common count; nor is…
1Opinion of the CourtCaton, C. J.
This declaration contained special and the . common counts in the usual form. To this declaration the defendant filed a general demurrer, which the court overruled, and very properly. Even if the special counts were faulty, the common counts were undoubtedly good, and as the demurrer was to the whole declaration, there was nothing which the court could properly do but overrule it.
Nor was there any error in having the damages assessed by a jury. Indeed, it might have been a fatal error had the court done otherwise, for it could not be known but that there would be evidence admissible alone…
2Cited by2 opinions
- Knapp, Stout & Co. v. RossIllinois Supreme Court · 1899
- Wolf v. City of AltonAppellate Court of Illinois · 1902