Ives v. Muhlenburg
Appellate Court of Illinois
Action commenced before justice of the peace. Appeal from the Circuit Court of Mercer county; the Hon. Emery C. Graves, Judge, presiding. Statement by the Court. Frank, Fred, Rachel and Flora Ives, Hattie" Ives Prouty and Roy Ballard, partners doing business under the firm name of G. Ives & Sons, brought this suit against John and Minerva Muhlenburg before a justice of the peace. Plaintiffs were defeated and appealed to the Circuit Court.
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Action commenced before justice of the peace. Appeal from the Circuit Court of Mercer county; the Hon. Emery C. Graves, Judge, presiding. Statement by the Court. Frank, Fred, Rachel and Flora Ives, Hattie" Ives Prouty and Roy Ballard, partners doing business under the firm name of G. Ives & Sons, brought this suit against John and Minerva Muhlenburg before a justice of the peace. Plaintiffs were defeated and appealed to the Circuit Court. The cause was there tried without a jury and there was a finding and a judgment for the defendants, from which the plaintiffs prosecute this further appeal.…
1Opinion of the CourtJustice Dibell
The sole question is this: Where Gr. Ives & Sons sued by the firm name only, and the defendants were personally served and appeared and did not plead in abatement, nor in any other way question the form in which the plaintiffs sued, but went to trial and there was a judgment against them, is that judgment void, or may the members of that firm sue and recover upon such judgment upon proving who were the members of that firm when the former • suit was brought and that the same persons- are still the sole members of the firm? It is to be noted that this question is not raised by a direct appeal…
2Cases cited15 opinions
- Behrensmeyer v. KreitzIllinois Supreme Court · 1891
- Cooke v. AverySupreme Court of the United States · 1893
- Whittemore v. PeopleIllinois Supreme Court · 1907
- Pond v. EnnisIllinois Supreme Court · 1873
- Manistee Lumber Co. v. Union National BankIllinois Supreme Court · 1892
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3Cited by8 opinions
- Dean & Son, Ltd. v. W. B. Conkey Co.Appellate Court of Illinois · 1913
- Straus v. Citizens State BankAppellate Court of Illinois · 1911
- Roller Derby Associates v. SeltzerDistrict Court, N.D. Illinois · 1972
- Collateral Finance Co. v. BraudAppellate Court of Illinois · 1938
- Kale v. HumphreySupreme Court of Oklahoma · 1917
3 more not listed; retrieve them via the Exa API.