Chicago, Burlington & Quincy Railroad v. Minard
Illinois Supreme Court
This action was originally brought before a justice of the peace by the plaintiff below, to recover from defendant below, damages for the loss of a quantity of corn delivered to said defendant, to transport to Chicago. Brought by appeal into the La Salle county Circuit Court. There was a trial by jury, and verdict for plaintiff below, assessing damages at $60. Plaintiff remitted five dollars of said verdict. Defendant below moved for a new trial, and in arrest of judgment.
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This action was originally brought before a justice of the peace by the plaintiff below, to recover from defendant below, damages for the loss of a quantity of corn delivered to said defendant, to transport to Chicago. Brought by appeal into the La Salle county Circuit Court. There was a trial by jury, and verdict for plaintiff below, assessing damages at $60. Plaintiff remitted five dollars of said verdict. Defendant below moved for a new trial, and in arrest of judgment. Motions overruled. Judgment for plaintiffs below for $55 and costs. Defendant appealed to Supreme Court. The bill of…
1Opinion of the CourtCaton, C. J.
This was an appeal from the judgment of a justice of the peace, to the Circuit Court. The error here assigned is, that the judgment in the Circuit Court was for more than the amount claimed on the back of the summons. The answer made to this is, that this court cannot see what was the amount of the claim indorsed on the summons. A copy of the summons is not given as a part of the original record, but it is set out and certified to by the judge in the bill of exceptions. It is insisted by the defendants in error, that it was not such a paper as could be certified to in the bill of exceptions,…
2Cited by1 opinion
- Lennox v. HarshAppellate Court of Illinois · 1897