Legal Opinion

Phœnix Insurance v. Hedrick

Illinois Supreme Court

Decided February 17, 1899PublishedCited by 1 opinion

Appeal from, the Appellate Court for the Fourth District;—heard in that court on writ of .error to the Circuit Court of Richland county; the Hon. E. D. Youngblood, Judge, presiding. This is an action of assumpsit brought by appellee, against appellant, to recover for a loss under a fire insurance policy issued by appellant on the buildings' and personal property of appellee, described in the policy.

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Appeal from, the Appellate Court for the Fourth District;—heard in that court on writ of .error to the Circuit Court of Richland county; the Hon. E. D. Youngblood, Judge, presiding. This is an action of assumpsit brought by appellee, against appellant, to recover for a loss under a fire insurance policy issued by appellant on the buildings' and personal property of appellee, described in the policy. It was made September 2,1895, for a term of three years, and covered a loss not exceeding $2575. The greater part of the property covered by it was destroyed by fire the night of February 3, 1896.…

1Per curiam

The Appellate Court, speaking through Mr. Justice Bigelow, delivered the following opinion:

“The first assignment of error questions the ruling of the court in overruling" the demurrer. In the view we take of the pleadings it is unnecessary to pass upon that question, at least so far as the special demurrer is concerned. * * *' If it be conceded that the court erred in overruling the general demurrer to the replications no harm was done appellant, if its plea in abatement was bad, since in that case the demurrer should have been carried back and sustained to the plea. (Peoria and Oquawka…

2Cases cited3 opinions

  1. Peoria & Oquawka Rail Road v. NeillIllinois Supreme Court · 1855
  2. Parsons v. CaseIllinois Supreme Court · 1867
  3. Beam v. LaycockAppellate Court of Illinois · 1878

3Cited by1 opinion

  1. O'Brien v. BrownIllinois Supreme Court · 1949

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