Anderson v. Richards

Decided April 15, 1859

Illinois Supreme Court · decided 1859-04-15

This was an action of assumpsit. The declaration counted upon a promissory note, and also embraced several common counts. To this declaration the defendants filed a demurrer, which was overruled by the court, Drury, Judge, presiding. The defendants stood by their demurrer. A judgment was rendered against the defendants below for the sum of $3,064.44. The causes assigned for supporting the demurrer were principally mistakes in grammar.

Cited by 1 later decisions — most recently September 1902

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1859-04-15

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Breese, J.

¶1The demurrer was properly overruled, it being to the whole declaration, and the common counts therein being good. The rule is, where there is a general demurrer to a declaration containing several counts, if there be one or more good counts, the demurrer must be overruled. Cowles v. Litchfield, 2 Scam. R. 356 ; Young v. Campbell, 5 Gilm. R. 82 ; Walter v. Stephenson, 14 Ill. R. 77.

¶2This being so, the defective special counts are both saved. Besides, “ mala grammatica non vitial chartamJ There being no error assigned which we can notice, the judgment of the court below is affirmed.

¶3Judgment affirmed.