Hofferbert v. Klinkhardt
Illinois Supreme Court
Writ of Error to the Circuit Court of St. Clair county; the Hon. Joseph Gillespie, Judge, presiding. This was a bill in chancery, to foreclose a mortgage, filed by the defendant in error against the plaintiffs in error, in the circuit court of St. Clair county, where the cause was heard at the October term of said court, A. D. 1868, and a decree entered in favor of the defendant in error, for the amount of mortgage debt; to reverse which, the record is brought to this court…
Read the full summary
Writ of Error to the Circuit Court of St. Clair county; the Hon. Joseph Gillespie, Judge, presiding. This was a bill in chancery, to foreclose a mortgage, filed by the defendant in error against the plaintiffs in error, in the circuit court of St. Clair county, where the cause was heard at the October term of said court, A. D. 1868, and a decree entered in favor of the defendant in error, for the amount of mortgage debt; to reverse which, the record is brought to this court by writ of error.
1Opinion of the CourtJustice Scott
The errors assigned are all of the same character, and may properly be considered together. The objections urged are of the most technical character, and do not extend to the merits, but only to the form, of the decree sought to be reversed.
The alleged error consists in using the word defendant in the recitals in the decree, when the record shows that there were two defendants, both of whom had been regularly served with process, and were before the court.
It is insisted that the decree should have been against both of the defendants, and that the use of the word defendant leaves it uncertain…
2Cases cited4 opinions
- Martin v. BarnhardtIllinois Supreme Court · 1865
- Brumfield v. ReynoldsCourt of Appeals of Kentucky · 1816
- Laflin v. WhiteIllinois Supreme Court · 1865
- Thomas v. WarfordCourt of Appeals of Kentucky · 1808
3Cited by10 opinions
- Reaves v. TurnerSupreme Court of Oklahoma · 1908
- Mason v. PattersonIllinois Supreme Court · 1874
- Nowak v. Excelsior Stone Co.Illinois Supreme Court · 1875
- Hodges v. RobbinsCourt of Appeals of Texas · 1900
- Sells v. Grand Trunk Western Railway Co.Appellate Court of Illinois · 1917
5 more not listed; retrieve them via the Exa API.