March v. Wright

CourtSupreme Court of Illinois
Writing for the CourtTREAT
Citation4 Peck 248,14 Ill. 248,1852 WL 4445
Decision Date31 December 1852
PartiesENOCH C. MARCH, Plaintiff in Error,v.GEORGE D. WRIGHT, Defendant in Error.

14 Ill. 248
1852 WL 4445 (Ill.)
4 Peck (IL) 248

ENOCH C. MARCH, Plaintiff in Error,
v.
GEORGE D. WRIGHT, Defendant in Error.

Supreme Court of Illinois.

December Term, 1852.


THIS cause was heard by WOODSON, Judge, at September term, 1850, of the Scott Circuit Court.

W. THOMAS, for plaintiff in error.

M. MCCONNEL, for defendant in error.

TREAT, C. J.

This was an action of debt brought by Wright against March. The declaration alleged generally that the defendant was indebted to the plaintiff in the sum of $160.87, for work and labor done; and it concluded to the damage of the plaintiff $100. The defendant pleaded nil debet, and payment. The record states: “This day came the parties by their attorneys, and issues being joined, by consent, the same are tried by the court; and the court having heard the cause, finds the issues for the plaintiff; thereupon it is considered and adjudged, that the plaintiff recover of the defendant the sum of $201.87, the debt and interest found to be due.”

It was error to enter a judgment for the aggregate of the principal and interest. It was the duty of the court to ascertain the amount of each, and render judgment for the principal as debt, and for the interest as damages. As interest was not specifically claimed in the declaration, it could not be considered as part of the debt. If recoverable at all, it was only as damages for the detention of the debt. Judgment should have been entered for the amount of the indebtedness established by the evidence as the debt, and for the amount of the interest due thereon, as the damages. Wilmans v. Bank of Illinois, 1 Gilman, 667; Mager v. Hutchinson, 2 Ibid. 266.

The judgment is reversed, and the cause remanded.

Judgment reversed.

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7 practice notes
  • City of Rawlins v. Jungquist
    • United States
    • United States State Supreme Court of Wyoming
    • 21 d6 Março d6 1908
    ...two reasons. First, there was no prayer for interest, and, therefore, none is allowable. (R. S. 1899, Sec. 3533, Sub. 3; March v. Wright, 14 Ill. 248; Carter v. Lewis, 29 Ill. 500; Prescott v. Maxwell, 48 Ill. 82; Race v. Sullivan, 1 Ill.App. 94; Grand Lodge v. Bagley, 60 Ill.App. 589; Davi......
  • City of Rawlins v. Murphy, 642
    • United States
    • United States State Supreme Court of Wyoming
    • 9 d2 Maio d2 1911
    ...the amended petition for interest. And in the absence of any such demand the plaintiffs were not entitled to interest. (March v. Wright, 14 Ill. 248; Carter v. Lewis, 29 Ill. 500; Prescott v. Maxwell, 48 Ill. 82; Race v. Sullivan, 1 Ill.App. 94; Grand Lodge v. Bagley, 60 Ill. 589; David v. ......
  • Dupuie v. Mccausland
    • United States
    • United States Appellate Court of Illinois
    • 30 d2 Abril d2 1878
    ...626; Sedgwick on Damages 430; Rev. Stat. Chap 74; Buckmaster v. Grundy, 3 Gilm. 626; Dowling v. Stewart, 3 Scam. 195; March v. Wright, 14 Ill. 248; Ill. Cent. R. R. Co. v. Cobb, 75 Ill. 148. That the Court erred in admitting secondary evidence of the [1 Ill.App. 396] lease: 2 Phillips on Ev......
  • Spooner v. Warner
    • United States
    • United States Appellate Court of Illinois
    • 31 d4 Outubro d4 1878
    ...2 Gilm. 266; Wilcoxon v. Roby, 3 Gilm. 475; Hinckly et al. v. West, 4 Gilm. 136; O'Conner v. Mullen, 11 Ill. 57; March v. Wright, 14 Ill. 248; Chapman v. Wright, 20 Ill. 120; Bowman v. Bartley, 21 Ill. 30; Ross v. Taylor, 63 Ill. 215; Caldwell et al. v. Richmond, 64 Ill. 30. A justice's cou......
  • Request a trial to view additional results
7 cases
  • City of Rawlins v. Jungquist
    • United States
    • United States State Supreme Court of Wyoming
    • 21 d6 Março d6 1908
    ...two reasons. First, there was no prayer for interest, and, therefore, none is allowable. (R. S. 1899, Sec. 3533, Sub. 3; March v. Wright, 14 Ill. 248; Carter v. Lewis, 29 Ill. 500; Prescott v. Maxwell, 48 Ill. 82; Race v. Sullivan, 1 Ill.App. 94; Grand Lodge v. Bagley, 60 Ill.App. 589; Davi......
  • City of Rawlins v. Murphy, 642
    • United States
    • United States State Supreme Court of Wyoming
    • 9 d2 Maio d2 1911
    ...the amended petition for interest. And in the absence of any such demand the plaintiffs were not entitled to interest. (March v. Wright, 14 Ill. 248; Carter v. Lewis, 29 Ill. 500; Prescott v. Maxwell, 48 Ill. 82; Race v. Sullivan, 1 Ill.App. 94; Grand Lodge v. Bagley, 60 Ill. 589; David v. ......
  • Dupuie v. Mccausland
    • United States
    • United States Appellate Court of Illinois
    • 30 d2 Abril d2 1878
    ...626; Sedgwick on Damages 430; Rev. Stat. Chap 74; Buckmaster v. Grundy, 3 Gilm. 626; Dowling v. Stewart, 3 Scam. 195; March v. Wright, 14 Ill. 248; Ill. Cent. R. R. Co. v. Cobb, 75 Ill. 148. That the Court erred in admitting secondary evidence of the [1 Ill.App. 396] lease: 2 Phillips on Ev......
  • Spooner v. Warner
    • United States
    • United States Appellate Court of Illinois
    • 31 d4 Outubro d4 1878
    ...2 Gilm. 266; Wilcoxon v. Roby, 3 Gilm. 475; Hinckly et al. v. West, 4 Gilm. 136; O'Conner v. Mullen, 11 Ill. 57; March v. Wright, 14 Ill. 248; Chapman v. Wright, 20 Ill. 120; Bowman v. Bartley, 21 Ill. 30; Ross v. Taylor, 63 Ill. 215; Caldwell et al. v. Richmond, 64 Ill. 30. A justice's cou......
  • Request a trial to view additional results

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