Sinsheimer v. William Skinner Manufacturing Co.
Illinois Supreme Court
Writ of Error to the Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Elbridge Hanecy, Judge, presiding. This was a suit in assumpsit, brought by the William Skinner Manufacturing Company against Simon Sinsheimer, to recover the amount of an indebtedness to the plaintiff for goods sold and delivered.
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Writ of Error to the Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Elbridge Hanecy, Judge, presiding. This was a suit in assumpsit, brought by the William Skinner Manufacturing Company against Simon Sinsheimer, to recover the amount of an indebtedness to the plaintiff for goods sold and delivered. The declaration, as originally filed, consisted of the common indebitatus assumpsit counts only, and to that declaration the defendant filed a plea of non assumpsit. Subsequently the plaintiff, by leave of the court, filed four…
1Opinion of the CourtJustice Phillips
While obtaining leave to strike out the common counts may be regarded as tantamount to a dismissal of those counts, a mere permission by the court to amend the other counts by striking out certain allegations and by inserting others in their stead did not, of itself, amount to an amendment of such counts. (Ogden v. Town of Lake View, 121 Ill. 422; Wisconsin Central Railroad Co. v. Wieczorek, 151 id. 579.) The additional counts then not being in fact amended, there was no error in refusing to allow the defendant to file the pleas tendered while the motion for a new trial was pending. Issues…
2Cases cited4 opinions
- Cummings v. PeopleIllinois Supreme Court · 1869
- Page v. BrantIllinois Supreme Court · 1856
- McGregor v. BalchSupreme Court of Vermont · 1845
- Ogden v. Town of Lake ViewIllinois Supreme Court · 1887
3Cited by12 opinions
- Landt v. McCulloughIllinois Supreme Court · 1903
- O'Connor v. MessengerAppellate Court of Illinois · 1913
- Pooler v. SouthwickAppellate Court of Illinois · 1906
- Scanlon v. PeopleAppellate Court of Illinois · 1901
- Wilson v. WilsonAppellate Court of Illinois · 1906
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