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Moore v. Little

Joshua J. Moore, in error v. George W. Little, administrators of the estate of Robert E. Little, in error

Moore v. Little, 11 Ill. 549 (1850)
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Court
Illinois Supreme Court · State Highest Courts
Decided
June 15, 1850
Judges
Treat
Citations
11 Ill. 549
Headnotes
Error to Peoria. It is erroneous to proceed to the trial of issues of fact, while questions of law, arising upon a demurrer, remain undetermined»
Summary
This was an action of assumpsit, heard before Mr. Justice Catón and a jury, at June term, 1848, of the Peoria Circuit Court, and judgment was rendered for defendants in error for the sum of $ 131 04. The defendant below brings the case to this Court, and assigns for error that the Circuit Court erred in rendering judgment while there was an issue of law pending in said cause.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Treat

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Opinion by Treat, C. J.: The record discloses this state of case. The declaration was on a promissory note. The defendant filed six pleas, on five of which issues of fact were formed. There was a demurrer and joinder in demurrer to a replication to the other plea. The issues of fact were then submitted to a jury, and the trial resulted in a verdict and judgment for the plaintiffs. It does not appear that any disposition was ever made of the demurrer. On this showing of the record, the judgment cannot be sustained. The questions of law arising on the demurrer should have been decided before proceeding to a trial of the issues of fact. This principle has been settled by numerous decisions of this Court. Nye vs. Wright, 2 Scammon, 222; Bradshaw vs. Hoblett, 4 ibid, 53; Steelman vs. Watson, 5 Gilman, 249 . There is nothing on the face of the record to authorize the conclusion that the defendant abandoned his plea, or waived his right to a decision of the demurrer.

Let the judgment of the Circuit Court be reversed, with costs, and the cause remanded for further proceedings.

Judgment reversed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1853–1854: 11901–1902: 11903–1904: 11907–1908: 118532026peak 1853 · 1

Relies on it most ⓘ

  1. Jocelyn v. Charles G.66 N.E. 327 (Ill. 1903)
  2. Devine v. Chicago City Railway Co.86 N.E. 689 (Ill. 1908)
  3. Richeson v. Ryan15 Ill. 13 (1853)
  4. Moreland v. Bebber102 Ill. App. 572 (1902)

Most recent

  1. Devine v. Chicago City Railway Co.86 N.E. 689 (Ill. 1908)
  2. Jocelyn v. Charles G.66 N.E. 327 (Ill. 1903)
  3. Moreland v. Bebber102 Ill. App. 572 (1902)
  4. Richeson v. Ryan15 Ill. 13 (1853)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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