Bowman v. Bartley

Decided November 15, 1858

Illinois Supreme Court · decided 1858-11-15

This was an action of debt, commenced in the Circuit Court of Gallatin county, by Bartley against Bowman. The writ and declaration claimed seventy-sis dollars twenty-five cents debt, and fifty dollars damages. The general issue, and two pleas of partial payment, were filed. Cause submitted to the court, proofs heard, and judgment against the defendant for seventy-nine dollars and ninety-four cents, and costs.

Cited by 1 later decisions — most recently November 1896

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1858-11-15

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Breese, J.

¶1The judgment in this case shows a larger amount of debt recovered than is claimed in the declaration, and is made up of the debt and the damages, without distinguishing what portion is debt, and what portion damages.

¶2This court has frequently decided that such a judgment is erroneous. Marsh v. Wright, 14 Ill. R. 248 ; Mager v. Hutchinson, 2 Gilm. R. 266 ; Wilmans v. Bank of Illinois, 1 Gilm. R. 667.

¶3In conformity with these decisions, the judgment must be reversed, and the cause remanded, as we have no data by which to ascertain what part is debt, and what part damages, so as to render a correct judgment here.

¶4Judgment reversed.