City of Bloomington v. Goodrich
Citations
- 88 Ill. 558
Syllabus
<p>Pleading and evidence—what will amount to a variance. In an action on the case, against a municipal corporation, it was alleged in the declaration that the plaintiff had received injuries in consequence of a portion of the sidetvalk being out of repair, “to-wit, by some of the planks being broken, so that large and deep holes were in said walk, and the surface of the same became, and was, very rough, irregular and uneven,” etc. The proof failed to show that any of the planks in the sidewalk were broken, but, on the contrary, it showed that the only defect in the sidewalk was that two of the planks were removed therefrom: Held, there was a fatal variance between the allegation and proofs.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- distinguishing between statute affixing disenfranchisement as punishment for infamous crimes pursuant to Article 2, Section 8, and statute disenfranchising persons imprisoned upon conviction regardless of crime or punishment
Source: CourtListener parenthetical corpus (CC0).
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