Barber v. Whitney

Decided November 15, 1862

Illinois Supreme Court · decided 1862-11-15

This was an action of assumpsit, commenced in the Circuit Court of Perry county by the appellees, who were plaintiffs in the court below, against the appellant, who was defendant in the court below, on a promissory note for two hundred and seventy-five dollars and fifty-three cents, made by appellant in favor of appellee. The declaration contains five counts, two special counts, and three common counts.

Cited by 2 later decisions — most recently September 1902

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1862-11-15

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Caton, C. J.

¶1This declaration contained special and the . common counts in the usual form. To this declaration the defendant filed a general demurrer, which the court overruled, and very properly. Even if the special counts were faulty, the common counts were undoubtedly good, and as the demurrer was to the whole declaration, there was nothing which the court could properly do but overrule it.

¶2Nor was there any error in having the damages assessed by a jury. Indeed, it might have been a fatal error had the court done otherwise, for it could not be known but that there would be evidence admissible alone under the common counts, upon which the court could not properly order the clerk to assess the damages. We find no semblance of error in this record, and must affirm the judgment.

¶3Judgment afirmed.