Legal Opinion

Buntain v. Bailey

Illinois Supreme Court

Decided January 15, 1862PublishedCited by 11 opinions

This case originated in a suit instituted before an acting justice of the peace in the county of Edgar, which resulted in a judgment in favor of said Bailey, and against the defendant Buntain, and was removed by Buntain into the Edgar Circuit Court, by appeal. At the October term, 1860, this cause was tried before Harlan, Judge, without the intervention of a jury.

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This case originated in a suit instituted before an acting justice of the peace in the county of Edgar, which resulted in a judgment in favor of said Bailey, and against the defendant Buntain, and was removed by Buntain into the Edgar Circuit Court, by appeal. At the October term, 1860, this cause was tried before Harlan, Judge, without the intervention of a jury. The record shows, that on this trial, Buntain objected to the admission of transcript and certificates thereon of the proceedings had before Lambert Duy, Esq., claiming to act as a justice of the peace, in and for Harrison township,…

1Opinion of the CourtBreese, J.

This court has so frequently decided that general objections to the instrument of evidence will not be entertained, that it is unnecessary, in this case, to do more than refer to the decisions. To go no further back, the case of Sargeant v. Kellogg et al., 5 Gilm. 281, is understood to hold, that a general objection to the introduction of a certain instrument of evidence simply raises the question of its relevancy. But if it is obnoxious to a special objection, that objection must be stated. When various objections may be made to evidence, some of which may be removed by other proof, the…

2Cases cited3 opinions

  1. Swift v. WhitneyIllinois Supreme Court · 1858
  2. Peoria & Oquawka Rail Road v. NeillIllinois Supreme Court · 1855
  3. Conway v. CaseIllinois Supreme Court · 1859

3Cited by11 opinions

  1. Chicago & Eastern Illinois Railroad v. WallaceIllinois Supreme Court · 1903
  2. Knapp v. SchneiderWisconsin Supreme Court · 1869
  3. Schwartz v. Germania Life InsuranceSupreme Court of Minnesota · 1875
  4. Gage v. EddyIllinois Supreme Court · 1900
  5. Cantwell v. WelchIllinois Supreme Court · 1900

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