McAllister v. Ball

Decided April 15, 1860

Illinois Supreme Court · decided 1860-04-15

This action was assumpsit, brought by the appellee against the appellant, to the April term, 1859, of the Cook County Court of Common Pleas. The placita in the record purports to be in the Superior Court of Chicago, before three judges.

Good law ✅— No negative treatment on recordhow we know

Decided 1860-04-15

How this case has been cited

Cited by 3 later decisions — most recently January 1882

3 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Breese, J.

¶1There is error in this record in this, that the plaintiff took judgment on the demurrer to the special counts, whilst the general issue was filed, and undisposed of, to the common counts. This plea should have been disposed of in some way. For this error the judgment is reversed.

¶2The demurrer to the special counts was properly sustained, as the general breach applied to all the counts.

¶3As to the power of the Cook County Court of Common Pleas to hold terms by that name after the passage of the act of 17th February, 1859, it seems, from the second section of that act, that court continued in existence under that name until the first Tuesday in April of that year. After that, it lapsed into the “ Superior Court of Chicago,” and was properly held by three judges.

¶4The judgment is reversed and the cause remanded.

¶5Judgment reversed.