Legal Opinion

Thompson v. Weller

Illinois Supreme Court

Decided January 15, 1877PublishedCited by 12 opinions

Writ of Error to the Circuit Court of Montgomery county; the Hon. Horatio M. Vande veer, Judge, presiding. On April 2, 1873, Frederick Wucherpfenning and Mary E. Weller gave their joint promissory note, payable to Win. D. Corn, at ninety days, for $800. This note was assigned to Samuel 0. Thompson, who brought suit against the makers August 13, 1873. Mary E. Weller pleaded coverture at the date of the note and its continuance until the filing of the plea.

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Writ of Error to the Circuit Court of Montgomery county; the Hon. Horatio M. Vande veer, Judge, presiding. On April 2, 1873, Frederick Wucherpfenning and Mary E. Weller gave their joint promissory note, payable to Win. D. Corn, at ninety days, for $800. This note was assigned to Samuel 0. Thompson, who brought suit against the makers August 13, 1873. Mary E. Weller pleaded coverture at the date of the note and its continuance until the filing of the plea. Plaintiff, to this plea, filed two separate replications. In the first he alleged, that the note was given in payment for certain lands…

1Opinion of the CourtJustice Dickey

As early as February, 1818, a general statute was passed by the General Assembly of Illinois, declaring that the common law of England, and certain statutes of the British Parliament, “shall be the rule of decision” in this State “until repealed by legislative authority.” (Revised Laws of 1833, p. 425.) That general statute, with a slight modification of its phraseology, has been in force in this State ever since. At an early day, circuit courts of this State were, by statute, clothed with “jurisdiction as courts of chancery,” and, while exercising that jurisdiction, were required, unless…

2Cases cited2 opinions

  1. Eyster v. HathewayIllinois Supreme Court · 1864
  2. Halley v. BallIllinois Supreme Court · 1872

3Cited by12 opinions

  1. Cedar Park Cemetery Ass'n, Inc. v. CooperIllinois Supreme Court · 1951
  2. Walter v. Northern Insurance of New YorkIllinois Supreme Court · 1938
  3. Russell v. KleinIllinois Supreme Court · 1974
  4. Acme Fireworks Corp. v. BibbIllinois Supreme Court · 1955
  5. Bush v. SquellatiIllinois Supreme Court · 1988

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