Barry v. Mackey, 66 Ill. 164 (1872)

Sept. 1872 · Illinois Supreme Court
66 Ill. 164

Catharine Barry et al. v. Ellen Mackey.

Pleading&emdash;declaration&emdash;sufficiency to sustain verdict. Where a portion of the counts in a declaration are good, that will be sufficient to sustain a verdict for the plaintiff.

Appeal from the Circuit Court of Livingston county; the Hon. Charles H. Wood, Judge, presiding.

Mr. Charles J. Beattie, for the appellants.

Mr. L. E. Payson, for the appellee.

Per Curiam :

Ho demurrer was interposed to the declaration in this case, and as two counts of the declaration were good, they support the verdict. The proof was contradictory, and not of such a character as to justify us in setting aside the verdict.

The judgment must be affirmed.

Judgment affirmed.