Meinert v. Stookey
Illinois Supreme Court
Meinert v. Stookey, 47 Ill. 395 (Ill. 1868)
Lawrence
Meinert v. Stookey
Opinion of the Court
delivered the opinion of the Court:
The declaration in this case contained a special count and the common counts. There was a demurrer to the former and the general issue was pleaded to the latter. The court overruled the demurrer to the special count, assessed the damages and gave final judgment without disposing of the issue on the common counts. That this was error was held by this court in McAllister v. Ball, 24 Ill. 149, and Armstrong v. Webster, 30 ib. 333. The judgment must be reversed and the cause remanded.
Judgment reversed.
Reference
- Full Case Name
- Henry Meinert v. James M. Stookey
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- 1 case
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- Syllabus
- 1. Issue of fact—must be disposed of. Where the general issue is pleaded to the common counts in a declaration, and a demurrer to a special count therein is overruled, it is error to render final judgment on such demurrer, without disposing of the issue of fact upon the common counts.