Willoughby v. Dewey
Illinois Supreme Court
Writ of Error to the Circuit Court of Madison county ; the Hon. Joseph Gillespie, Judge, presiding. This was an action of assumpsit on the common counts, brought by John H. B. Willoughby, for the use of Morris M. Armstrong et al. against John S. Dewey, to recover for a field of growing wheat sold by the plaintiff, as constable, under an execution in his hands, to the defendant.
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Writ of Error to the Circuit Court of Madison county ; the Hon. Joseph Gillespie, Judge, presiding. This was an action of assumpsit on the common counts, brought by John H. B. Willoughby, for the use of Morris M. Armstrong et al. against John S. Dewey, to recover for a field of growing wheat sold by the plaintiff, as constable, under an execution in his hands, to the defendant. A trial by jury, on the general issue, resulted in a verdict for the defendant, on which judgment was rendered, and the plaintiff brings the record to this court and asks a reversal.
1Opinion of the CourtJustice Breese
The only point made on this record, important to notice, is the refusal of the court to permit the docket of the magistrate, offered by the plaintiff as evidence in his behalf, to go to the jury-
We are at a loss to perceive on what grounds it was rejected, as the magistrate testified it. was his docket, the entries in it having been made by him as police magistrate of the county of Marion.
The act concerning evidence and depositions provides, in section 3, that copies of the proceedings and judgments before justices of the peace, certified by the justice, under his hand and seal, before whom…
2Cited by3 opinions
- Koehne v. PriceDistrict of Columbia Court of Appeals · 1949
- Payne v. TaylorAppellate Court of Illinois · 1890
- People v. KoehlerAppellate Court of Illinois · 1908