Brooks ex rel. McDougall v. McKinney
Illinois Supreme Court
This cause was heard in the court below, before the Hon. William Thomas, at the November term, 1839.' The facts of the case are fully stated in the opinion of the court. The cause was brought to this court by writ of error; and at the last term an opinion was delivered reversing the decision of the court below. A motion was made for a re-hearing, which was granted, and the cause re-argued by J. A. McDougall, for the plaintiff in error.
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This cause was heard in the court below, before the Hon. William Thomas, at the November term, 1839.' The facts of the case are fully stated in the opinion of the court. The cause was brought to this court by writ of error; and at the last term an opinion was delivered reversing the decision of the court below. A motion was made for a re-hearing, which was granted, and the cause re-argued by J. A. McDougall, for the plaintiff in error. He contended that a person substantially a party to the suit, though not nominally a party to the record, cannot be compelled to testify. Greenl. Ev. 398.…
1Opinion of the Court
Young, Justice,
delivered the opinion of the court: This was an action commenced by petition and summons, at the March term of the Morgan circuit court, 1839, by the plaintiff, Brooks, for the use of McDougall, against the defendants, McKinney, Cloud, Brockenbrough, Lamborn, Douglass, and McConnell, as joint makers of a promissory note, for the sum of $150, bearing date the 26th of August, 1837, and payable six months after date. Brockenbrough alone was served with process at the first term, and the summons returned not executed as to the other defendants, by order of the plaintiff’s attorney.…
2Cases cited8 opinions
- United States v. LefflerSupreme Court of the United States · 1837
- Le Roy, Bayard & Co. v. JohnsonSupreme Court of the United States · 1829
- Appleton v. BoydMassachusetts Supreme Judicial Court · 1810
- Gorham v. CarrolCourt of Appeals of Kentucky · 1823
- Sims v. GivanIndiana Supreme Court · 1831
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