Cole v. E. E. Fulton Co.

Appellate Court of Illinois

Cole v. E. E. Fulton Co.

202 Ill. App. 188, 1916 Ill. App. LEXIS 872

CourtAppellate Court of Illinois

DecidedDecember 13, 1916

DocketGen. No. 21,507

StatusPublished

This text of 202 Ill. App. 188 (Cole v. E. E. Fulton Co.) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cole v. E. E. Fulton Co., 202 Ill. App. 188, 1916 Ill. App. LEXIS 872 (Ill. Ct. App. 1916).

Pincite

Opinion

Mr. Presiding Justice O’Connor

delivered the opinion of the court.

3. Aepeai and error, § 1679*—where variance between summons and statement of claim is waived. Where it was contended on appeal by a defendant that its motion in arrest of judgment should have been sustained for the reason that there was a variance between the summons, naming as defendant certain individuals doing business as a company, and the amended statement of claim, designating the defendant as a corporation, held that inasmuch as the defendant entered its appearance as a corporation to the original summons and statement of claim and subsequently the plaintiff filed the amended statement of claim, designating the defendant as a corporation, to which the defendant filed an affidavit of merits, the defendant’s contention was without merit.

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Mr. Presiding Justice O’Connor

delivered the opinion of the court.

3. Aepeai and error, § 1679*—where variance between summons and statement of claim is waived. Where it was contended on appeal by a defendant that its motion in arrest of judgment should have been sustained for the reason that there was a variance between the summons, naming as defendant certain individuals doing business as a company, and the amended statement of claim, designating the defendant as a corporation, held that inasmuch as the defendant entered its appearance as a corporation to the original summons and statement of claim and subsequently the plaintiff filed the amended statement of claim, designating the defendant as a corporation, to which the defendant filed an affidavit of merits, the defendant’s contention was without merit.

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Bluebook (online)

202 Ill. App. 188, 1916 Ill. App. LEXIS 872, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cole-v-e-e-fulton-co-illappct-1916.