Bragg v. City of Chicago

Citations

• 73 Ill. 152

Syllabus

<p>1. Arrest or judgment—motion on default. A motion in arrest of judgment on default comes before the court exactly as if it were on demurrer. The default admits nothing but what is properly alleged.</p> <p>2. Pleading—lohen an averment that land belonged to and was in possession of plaintiff, sufficient averment of title. In an action of debt, upon an appraisement made by commissioners appointed to determine and appraise to the owners the value of real estate taken for a public street, an averment in the declaration that there was appraised and allowed to the plaintiff a certain sum, “ as damages for the taking and appropriating of land belonging to and in possession of the plaintiff,” is a sufficient averment of title to the real estate to support a judgment by default.</p>