Hatterman v. Thompson
Appellate Court of Illinois
Appeal from the Circuit Court of Cook County; the Hon. Charles G. Neely, Judge, presiding. Statement of the Case.—The appellee, Thompson, confessed a judgment for $143.79 in favor of the Chicago Sash & Door Co., before a justice of the peace, December 11, 1895, on which immediate execution was issued and returned nulla Iona.
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Appeal from the Circuit Court of Cook County; the Hon. Charles G. Neely, Judge, presiding. Statement of the Case.—The appellee, Thompson, confessed a judgment for $143.79 in favor of the Chicago Sash & Door Co., before a justice of the peace, December 11, 1895, on which immediate execution was issued and returned nulla Iona. On the same day a garnishment suit was brought, in the name of Thompson for the use of the judgment creditor, against appellant, and a final judgment was rendered against him December 24, 1895, from which he appealed by certiorari to the Circuit Court, January 18, 1896. ■…
1Opinion of the Court
Mr. Presiding Justice Windes,
after making the foregoing statement, delivered the opinion of the court.
Appellee has assigned a cross-error to the effect that it was error to overrule the motion to quash the writ of certiorari.
Appellant claims that the court erred in excluding evidence, in giving plaintiff’s instructions, and that the verdict is against the weight of the evidence.
By entering his appearance and asking a continuance, appellee waived his right to have the writ of certiorari quashed. This mode of taking an appeal is provided by statute. The Circuit Court had, by law, jurisdiction…
2Cases cited5 opinions
- Sammis v. ClarkIllinois Supreme Court · 1852
- Mitchell v. JacobsIllinois Supreme Court · 1855
- Roberts v. ThomsonIllinois Supreme Court · 1862
- Berkowsky v. CahillAppellate Court of Illinois · 1897
- Roberts v. FormhallsIllinois Supreme Court · 1867
3Cited by4 opinions
- Gould v. KlabundeAppellate Court of Illinois · 1945
- Pieser v. Minkota Milling Co.Appellate Court of Illinois · 1901
- Reeb v. BronsonAppellate Court of Illinois · 1915
- Peters v. DarlingAppellate Court of Illinois · 1903