Dalson v. Bradberry

Citations

• 50 Ill. 82

Syllabus

<p>1. Misjoinder of counts—case and trespass, A count in case cannot be joined with a count in trespass.</p> <p>2. Same—whethe»' misjoinder can be aided. Although, in some cases, a misjoinder of counts will be aided by intendment, yet such cannot be the case where a general verdict is returned, and where, for aught that would appear, the recovery was upon all the counts.</p> <p>3. Same—how availed of. A misjoinder of the causes of action renders the declaration bad on demurrer, without regard to the perfection of the counts in themselves, or such misjoinder may be availed of by motion in arrest, or upon error. *</p>