Rowell v. Chandler

Citations

• 83 Ill. 288

Syllabus

<p>. 1. Declaration—where special count is bad, it will be presumed evidence was heard under common counts. Although a special count in a declaration shows no cause of action, yet, if the declaration contains the common counts, and judgment is rendered by default, it will be presumed, in the absence of a bill of exceptions showing the contrary, that the court heard evidence to justify the judgment under the common counts.</p> <p>3. Receiver—right to sue in his own name. If a stockholder in an insurance company is a party to a decree appointing a receiver of the company, it will be conclusive on him, and the receiver may maintain a suit against him in his own name.</p>