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HARGADINE v. SHARKEY

Gen. Nos. 10,834, 10,884.

8 Ill. App.2d 209 (1956)

131 N.E.2d 134

Edgar C. Hargadine and Zella M. Hargadine, Plaintiffs-Appellants, v. David H. Sharkey, as County Superintendent of Highways of Stark County, Illinois, and County of Stark, Illinois, Defendants-Appellees. Edgar C. Hargadine and Zella M. Hargadine, Plaintiffs-Appellants, v. David H. Sharkey, as County Superintendent of Highways of Stark County, Illinois, Defendant-Appellee.

Appellate Court of Illinois — Second District.

Released for publication January 25, 1956.

Attorney(s) appearing for the Case

Case Nos. 10834, 10884: Robert H. White, of Geneseo, for plaintiffs-appellants.

Eugene H. Rennick, Jr., of Toulon, for defendants-appellees.

PRESIDING JUSTICE DOVE delivered the opinion of the court.

On July 22, 1952, appellants, Edgar C. Hargadine and Zella M. Hargadine, husband and wife, filed their complaint in the Circuit Court of Stark County. Thereafter and on December 9, 1953, they filed their amended complaint which consisted of six counts, and on July 14, 1954, an amended count five was filed. The sufficiency of the amended complaint, as so amended, was challenged by a motion to dismiss, and upon...

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