Stearns v. Cope

Citations

• 109 Ill. 340

Syllabus

<p>1. Pleading—of the declaration—in suit on arbitration bond. In an action on an arbitration bond, for not performing its condition, it is not necessary for the declaration to set out the submission, and aver that the arbitrators considered and decided all matters submitted to them. It is sufficient to aver generally that the differences agreed to be arbitrated, as recited in the condition of the bond, were in fact submitted to the arbitrators; that the arbitrators, in pursuance of such submission, made and published their award, setting it out, and that the principal obligor, upon request, refused to abide by and perform it.</p> <p>2. Pleading and pbaotioe—carrying demurrer back—exception to the rule. While it is a general rule of pleading that the court will carry a demurrer back and sustain it to the first faulty pleading in the line of the pleading demurred to, yet the rule has its exceptions, one of which is, that the court will not carry the demurrer back to a pleading of the adverse party to which a demurrer has already been overruled.</p> <p>3. Same—waiver of demurrer—by pleading over. A party by. pleading over waives his demurrer, and admits the sufficiency of the pleading to which the demurrer was interposed.</p> <p>4. Same—defects reached by motion in arrest of judgment after demurrer overruled. If a declaration is so fatally defective as not to support a judgment for the plaintiff, the defect may be availed of by a motion in arrest of judgment, even after a demurrer thereto has been overruled.</p> <p>5. Practice in the Supreme Court—as to what may he assigned as error. A party can not be heard to complain of an error that works him no injury, or is in his favor; and this principle applies with the same force to arbitrations as it does to proceedings in a court of justice.</p> <p>6. Arbitration and award—of the award—ñts requisites, os showing that all matters submitted are determined. Where several distinct matters, not consisting of mere money demands,