American Insurance v. Holly
Illinois Supreme Court
American Insurance v. Holly, 81 Ill. 353 (Ill. 1876)
Scholfield
American Insurance v. Holly
Opinion of the Court
delivered the opinion of the Court:
The ruling of the court below complained of is, in sustaining a demurrer to appellant’s special pleas. The declaration contains two special counts and the consolidated common counts. The pleas profess to answer the whole declaration, but in fact the matters pleaded, even if otherwise free from objection, answer only the special counts, and leave the common counts unanswered. For this reason alone, therefore, the demurrer was properly sustained. Moir et al. v. Harrington et al. 22 Ill. 40. The judgment is affirmed.
Judgment affirmed.
Reference
- Full Case Name
- The American Insurance Co. v. Joel Holly
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- Pleading—plea must answer all it purports to. A plea to the whole declaration which sets up matter in answer to the special counts only, and leaves the common counts unanswered, is had on demurrer.