Winchester v. Rounds

Citations

• 55 Ill. 451

Syllabus

<p>1. Pleading-declaration in trover, to recover money lost at gaming. In an action of trover, under the statute, brought by the loser against the winner, to recover money lost at gaming, it is not essential, in order to give the court jurisdiction of the subject matter of the suit, that the declaration should set forth the special matter, or so refer to the statute as to show the action was under its provisions. The statute authorizes the declaration to be in the usual common law form of a count in trover, and such a count will support a judgment in favor of the plaintiff.</p> <p>2. But the declaration in such case should conclude, “ whereby an action hath accrued to the plaintiff, according to the form of the statute ” against gaming, and failing so to conclude, it is bad on special demurrer.</p> <p>3. Same—waiver by pleading. If the defendant, however, pleads to the declaration, he thereby waives the defect occasioned by the omission of such conclusion.</p>