#### James Kronopolos, Defendant in Error, v. P. O’Byrne, Plaintiff in Error.

Gen. No. 23,034.

(Not to be reported in full.)

Abstract of the Decision.

1. Pleading, § 466 * — when declaration is sufficient to support judgment. While many inferences are indulged • after verdict, in determining whether a declaration states a good cause of action, if it does not from its context, with all legal intendments in its favor, state a cause of action, it will be insufficient to support a judgment.

2. Appeal and ebbob, § 1184* — what is reviewable. The question whether , or not a declaration states a good cause of action is reviewable.

3. Appeal and ebbob, § 1802* — when judgment reversed with directions to permit defendant to demur or plead to declaration. Where a declaration is so defective that it cannot be determined from any averment of fact contained in it whether it is a declaration in tort or in ^assumpsit or is a criminal indictment and no fact averred nor all of the facts averred constitute a cause of action, a judgment for plaintiff will he reversed with directions, to permit defendant to demur or plead if he shall so move.

Error to the Superior Court of Cook county; the Hon. Joseph B. David, Judge, presiding. Heard in this court at the March term, , 1917.

Reversed,and remanded with directions.

Opinion filed July 2, 1917.

Statement of the Case.

Action by James Kronopolos, plaintiff, against P. 0 ’Byrne, defendant. To reverse a judgment for plaintiff for $1,700, defendant prosecutes this writ of error.

Louis A. Heile, for plaintiff in error; C. E. Heckler, of counsel.

Joseph E. Winterbotham, for defendant in error.

*

See Illinois Notes Digest, Yols. XI to XV, and Cumulative Quarterly, game topic and section number.

Mr. Presiding Justice Holdom

delivered the opinion of the court.