Bills v. Stanton

Citations

• 69 Ill. 51

Syllabus

<p>1. Pleading—carrying demurrer lack. Where a demurrer has been in-' terposed to a declaration and overruled as to one count, and the plaintiff amends the other counts, and the defendant pleads, a demurrer to the pleas can not be carried back to the declaration.</p> <p>3. Where a declaration contains one good count, it being sufficient on general demurrer, a general demurrer to pleas can not be carried back to the declaration.</p> <p>3. Appeal bond—llanks in as to date, etc. It is no objection to the validity of an appeal bond, that it bears date the blank day of a certain month named, and recites a judgment recovered on a blank day of the previous month, in case of an appeal to the Supreme Court. It is nevertheless a voluntary undertaking and obligatory.</p> <p>4. Execution—of bond by a corporation. Where it is recited in the body of an appeal bond, given on appeal by an insurance company, that the company by its corporate name bad entered into the obligation, and it is signed by its president and secretary, and sealed with its corporate seal, it will be a sufficient execution of the bond in the name of the company.</p> <p>5. Service—on agent of corporation. Where the president of an insurance company does not reside in the county where suit is brought against the company, the statute authorizes service to be made upon an agent of the company resident in the county.</p> <p>6. Same—defective service cured by appearance. Where a defendant appears in a cause, and moves the court to rule the plaintiff to file a more specific bill of particulars and demurs to the declaration, this will cure any defect in the service of process on such defendant, and the subsequent granting of leave to withdraw the appearance, which is, however, not done, will not change the rule.</p> <p>7. Supreme Court—may enter judgment in vacation. Where a cause was submitted to this court, at the September term, 1870, and taken under advisement, and the judgment of affirmance was not entered until