Clifford v. Waldrop
Illinois Supreme Court
This suit was originally commenced before a justice of the peace, by Clifford against Waldrop, and judgment was rendered for plaintiff for fifty dollars.
Read the full summary
This suit was originally commenced before a justice of the peace, by Clifford against Waldrop, and judgment was rendered for plaintiff for fifty dollars. The judgment was rendered by the justice on the 8th day of October, 1857, and on the 16th day of November, 1857, Waldrop presented to the master in chancery of Montgomery county the following petition: John Waldrop to the master in chancery of the county and State aforesaid, respectfully represents, that on the 8th day of October, A. D. 1857, judgment was rendered against him for the sum of about fifty dollars, in favor of the said John…
1Opinion of the CourtCaton, C. J.
The petition in this case was insufficient. The statute requires that the petition for the writ “ shall set forth and show ” that the judgment before the justice of the peace was not the result of negligence. This petition only sets forth that fact, but it does not show it. The petition should set forth the facts which show that the party was not guilty of negligence in not attending to and defending the cause before the justice. The mere statement of the conclusion that the judgment was not the result of his negligence, does not show that fact. That is a conclusion for the court to draw from…
2Cited by6 opinions
- Couch v. Illinois Central RailroadAppellate Court of Illinois · 1919
- Horrell v. HorrellAppellate Court of Illinois · 1894
- St. Louis, B. & S. Ry. Co. v. GundlachAppellate Court of Illinois · 1897
- Tilton v. Larimer County Agricultural & Mechanical Ass'nSupreme Court of Colorado · 1882
- Simpson v. SligarAppellate Court of Illinois · 1926
1 more not listed; retrieve them via the Exa API.