Anderson v. Richards

22 Ill. 217

Opinion

Breese, J.

The demurrer was properly overruled, it being to the whole declaration, and the common counts therein being good. The rule is, where there is a general demurrer to a declaration containing several counts, if there be one or more good counts, the demurrer must be overruled. Cowles v. Litchfield, 2 Scam. R. 356 ; Young v. Campbell, 5 Gilm. R. 82 ; Walter v. Stephenson, 14 Ill. R. 77.

This being so, the defective special counts are both saved. Besides, “ mala grammatica non vitial chartamJ There being no error assigned which we can notice, the judgment of the court below is affirmed.

Judgment affirmed.