Wheatley, Buck & Co. v. Chicago Trust & Savings Bank
Illinois Supreme Court
Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. W. G. Ewing, Judge, presiding. When begun, on July 28, 1893, this was a suit by appellee against appellant, as indorser of two promissory notes, for $1050 and $525, respectively.
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Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. W. G. Ewing, Judge, presiding. When begun, on July 28, 1893, this was a suit by appellee against appellant, as indorser of two promissory notes, for $1050 and $525, respectively. Subsequently, and on December 2, 1895, it was stipulated by counsel for the respective parties that an additional count to the declaration might be filed counting upon appellant’s liability as indorser and guarantor of another note for $1000, the same as if said note had become due…
1Opinion of the CourtJustice Baker
Appellant raises several objections to the validity of the judgment rendered by the Superior Court.
First—It is contended that the trial court erred in overruling appellant’s motion to strike the case from the short cause calendar, in conformity with a rule of that court to the effect that “no cause shall be noticed for trial until the same is at issue.” Said motion was based upon two grounds: the one, that the issues were not made up before the case was placed upon the calendar; and the other, that the affidavit for placing it there was insufficient. After the cause was placed upon the short…
2Cases cited2 opinions
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