Schiller v. Nevius 187 Ill. App. 485

Mary Schiller, Appellee, v. George W. Nevius, Appellant.

Gen. No. 19,761.

(Not to he reported in full.)

Appeal from the County Court of Cook county; the Hon. Frank G. Plain, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1913.

Reversed and remanded.

Opinion filed July 14, 1914.

Statement of the Case.

Action in case by Mary Schiller against George W. Nevius and Laird W. Nevius. The declaration is in three counts, in all of which the defendants are charged with negligence in the practice of their profession as dentists. In each count the relation of the parties, the legal duty arising therefrom and the violation of that duty, resulting in injury to plaintiff, are alleged according to the approved forms given in Chitty’s Work on Pleadings. No service was had on Laird W. Nevius. From a judgment for plaintiff, defendant George W. Nevius appeals.

*486Abstract of the Decision.

Courts, § 96 * —jurisdiction of County Court. The county court has no jurisdiction of an action charging defendants with negligence in the practice of dentistry where the declaration and each count thereof are in tort and not in contract.

Robert J. Folonie, for appellant.

Leonard L. Cowan and Daniel V. Gallery, for appellee.