Brown v. Illinois Central Mutual Insurance

Citations

• 42 Ill. 366

Syllabus

<p>1. Judgment upon a plea to the jurisdiction. Where the defendant flies a plea to the jurisdiction, and the plaintiff replies, and an issue of fact is joined, and on trial the issue is found for the plaintiff, the judgment of the court must then be rendered for the plaintiff, and the defendant cannot have leave to answer over.</p> <p>2. Damages—in such case. In such a case, where the action is debt for a sum certain, and the issue on the plea is tried by the court and found for the plaintiff, the court should then render judgment for the plaintiff for the debt in the declaration mentioned, and proceed at once to assess such damages as the plaintiff might show he had sustained by the non-payment thereof.</p> <p>3. Demurrer—too late after issue of fact. A demurrer to a declaration comes too late after an issue has been made up, and tried, and found for the plaintiff.</p>