Phelps sued Aetna Insurance Company in Mason County Circuit Court in an action of assumpsit over a fire policy. The declaration had four counts, alleging Phelps's interest in the destroyed property. Aetna Insurance Company defendant demurred, arguing lack of disclosure of Phelps's interest and failure to mention a policy condition. The circuit court overruled, awarding damages. The appeal questioned the sufficiency of the declaration and the court's authority to summon a jury after discharging the regular panel. The Illinois Supreme Court found no error and affirmed the judgment. |