delivered the opinion of the court.
Kronopolos v. O'Byrne, 207 Ill. App. 123 (1917)
July 2, 1917
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Illinois Appellate Court
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Gen. No. 23,034
207 Ill. App. 123
James Kronopolos, Defendant in Error, v. P. O’Byrne, Plaintiff in Error.
Gen. No. 23,034.
(Not to be reported in full.)
Abstract of the Decision.
1. Pleading, § 466 * — when declaration is sufficient to support judgment. While many inferences are indulged • after verdict, in determining whether a declaration states a good cause of action, if it does not from its context, with all legal intendments in its favor, state a cause of action, it will be insufficient to support a judgment.
2. Appeal and ebbob, § 1184* — what is reviewable. The question whether , or not a declaration states a good cause of action is reviewable.
3. Appeal and ebbob, § 1802* — when judgment reversed with directions to permit defendant to demur or plead to declaration. Where a declaration is so defective that it cannot be determined from any averment of fact contained in it whether it is a declaration in tort or in ^assumpsit or is a criminal indictment and no fact averred nor all of the facts averred constitute a cause of action, a judgment for plaintiff will he reversed with directions, to permit defendant to demur or plead if he shall so move.
Error to the Superior Court of Cook county; the Hon. Joseph B. David, Judge, presiding. Heard in this court at the March term, , 1917.
Reversed,and remanded with directions.
Opinion filed July 2, 1917.
Statement of the Case.
Action by James Kronopolos, plaintiff, against P. 0 ’Byrne, defendant. To reverse a judgment for plaintiff for $1,700, defendant prosecutes this writ of error.
Louis A. Heile, for plaintiff in error; C. E. Heckler, of counsel.
Joseph E. Winterbotham, for defendant in error.