Franklin County IL Archives Court.....Breed, John T Knox V James E 1850
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Deb Haines http://www.genrecords.net/emailregistry/vols/00003.html#0000719 May 18, 2008, 12:20 am

Source: Reports Of Cases
Written: 1850

John T. Knox, et al., plaintiffs in error, v. James E. Breed, Defendant in 
error.

Error to Franklin.

Where the verdict and judgment are too general, the judgment will be reversed.

This was an action of debt brought in the Franklin Circuit Court, by defendant 
in error against the plaintiffs in error; the cause was tried before Denning, 
Judge, and a jury at September term, 1850, when the following verdict was 
found by the jury: "Upon their oaths do say $418.75 (four hundred and eighteen 
dollars and seventy-five cents)," upon which verdict judgment was entered as 
follows: "Ordered by the court that the plaintiffs recover of the defendant 
the sum of four hundred and eighteen dollars and seventy-five cents, together 
with their proper costs and charges, and may have execution." A motion for a 
new trial was made and overruled.

Defendant below brings the cause here, and assigns for error the informality 
of the verdict and judgment.

Casey & Montgomery and W. B. Scates for plaintiffs in error.

R. Wingate and James M. Warren for defendant in error.

Per Curiam. The verdict and judgment are too general. The case of Toles v. 
Cole, 11 Ill., 562, is precisely in point. Reverse the judgment, with costs, 
and remand the cause for further proceedings. 

Judgment reversed.

Additional Comments:
Reports of Cases Determined in the Supreme Court of the State of Illinois from 
November Term, 1850, to June Term, 1851, both inclusive by E. Peck, Counsellor 
at Law. Volume XII. Reprinted from the Original Edition, with Annotations by 
William Gordon McMillan of the Chicago Bar. Callaghan & Company, Chicago, Ill. 
1881.

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