Illinois Supreme Court, 1859

Anderson v. Richards

Anderson v. Richards
Illinois Supreme Court · Decided April 15, 1859 · Breese
22 Ill. 217
Anderson v. Richards

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Opinion of the Court

Breese, J.

The 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.

This 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.

Judgment affirmed.

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