Legal Opinion

Merritt v. Thompson

Illinois Supreme Court

Decided June 15, 1852PublishedCited by 3 opinions

This was an action of ejectment originally commenced in the Circuit Court of La Salle county, by Merritt & Simmons against John P. Thompson, Elijah F. Wellington, and William Gooding. The case was removed to Grundy county by change of venue; and the death of Gooding being suggested, William C. Thompson was, on motion, substituted as defendant, instead of John P. Thompson and Wellington, without the consent of the plaintiffs.

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This was an action of ejectment originally commenced in the Circuit Court of La Salle county, by Merritt & Simmons against John P. Thompson, Elijah F. Wellington, and William Gooding. The case was removed to Grundy county by change of venue; and the death of Gooding being suggested, William C. Thompson was, on motion, substituted as defendant, instead of John P. Thompson and Wellington, without the consent of the plaintiffs. At the May term, 1852, of the Circuit Court of Grundy county, a trial was had by the court without a jury) which resulted in a judgment for the defendant, and the…

1Opinion of the CourtTrumbull, J.

This was an action of ejectment originally commenced by Merritt & Simmons against John P. Thompson, Elijah F. Wellington, and William Gooding, in the La Salle Circuit Court, to recover the possession of lot one, in block nineteen, in the town of Peru.

The cause was taken by change of venue to the county of Grundy, where the death of William Gooding, one of the defendants, was suggested, and, on motion, William C. Thompson, the landlord of the surviving defendants, was substituted as sole defendant in their place, on his giving security for the payment of such costs as might be awarded against…

2Cases cited1 opinion

  1. Emlen v. HoopsSupreme Court of Pennsylvania · 1817

3Cited by3 opinions

  1. People ex rel. Quisenberry v. EllisIllinois Supreme Court · 1912
  2. State ex rel. Roe v. WillistonWisconsin Supreme Court · 1865
  3. People ex rel. Dale v. LawsonIllinois Supreme Court · 1918

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