Davis v. Randall
Illinois Supreme Court
This was an application to the Circuit Court of Winnebago, to remove a judgment from a justice of the peace into that court.
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This was an application to the Circuit Court of Winnebago, to remove a judgment from a justice of the peace into that court. The petition of Ichabod Davis, the defendant below, upon which a writ of certiorari was issued by order of the master in chancery, to remove a judgment from a justice’s court, in favor of William Randall & Co., against Davis, sets out: That on the second day of July, of the present year, a summons was issued against,him by Price B. Webster, Esq., a justice of the peace, in the county of Winnebago, at the suit of William Randall & Co., returnable the ninth day of July,…
1Opinion of the CourtBreese, J.
We are satisfied the Circuit Court decided correctly on both the points made by the appellant. There is no provision in the statute authorizing a writ of certiorari to bring up the proceedings from a justice of the peace, which allows affidavits to be read in support of, or agaffist the petition for such purpose. That must stand on its own merits, and be tested by itself, without extraneous support.
This petition does not conform to the statute. It does not show proper diligence. It should state clearly, what the plaintiff in the action said, to induce him to understand the suit was dismissed,…
2Cited by6 opinions
- Schmitt v. Edward Hines Lumber Co.Appellate Court of Illinois · 1906
- Small v. BischelbergerSupreme Court of Colorado · 1884
- Simpson v. SligarAppellate Court of Illinois · 1926
- Kusel v. City of ChicagoAppellate Court of Illinois · 1905
- Heath v. JonesAppellate Court of Illinois · 1883
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