Wright v. Smith
Illinois Supreme Court
Appeal from the Circuit Court of Vermilion county; the Hon. Oliver L. Davis, Judge, presiding. This was an action, brought by Ellen Smith, against Hugh Wright, in the county court of Vermilion county, upon a promissory note and on various loans of money.
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Appeal from the Circuit Court of Vermilion county; the Hon. Oliver L. Davis, Judge, presiding. This was an action, brought by Ellen Smith, against Hugh Wright, in the county court of Vermilion county, upon a promissory note and on various loans of money. On the trial in the county court, the plaintiff, by counsel, remitted all the interest due which, would make the demand over $500, but the court refused "to allow the plaintiff to throw off the interest, and instructed the jury that “they must consider all the evidence without regard to any drawback offered by either party.” The jury then…
1Opinion of the CourtJustice Scott
This appeal is prosecuted from the judgment of the circuit court reversing and remanding a cause pending in that court on appeal from the county court. It has been held, in two or three cases in this court, such judgments are not final in the sense that term is used in the statute, and, therefore, no appeal or writ- of error will lie. For this reason the present appeal must be dismissed.
Inasmuch as there must be a new trial of the cause, it may not be improper to say the judgment of the circuit court reversing the judgment of'the county court is entirely correct. The county court had…
2Cases cited2 opinions
- Raymond v. StrobelIllinois Supreme Court · 1860
- Korsoski v. FosterIllinois Supreme Court · 1858
3Cited by5 opinions
- Burke & Aitcheson v. Adoue & LobitCourt of Appeals of Texas · 1893
- Cable Co. v. ElliottAppellate Court of Illinois · 1905
- Kieper v. American Coal & Supply Co.Appellate Court of Illinois · 1914
- Lamas & Méndez v. BetancourtSupreme Court of Puerto Rico · 1910
- Lawton v. EwingAppellate Court of Illinois · 1926