State Bank of Freeport v. Blake
Appellate Court of Illinois
Order Vacating a Judgment by Confession.—Trial in the Circuit Court of Winnebago County; the Hon. Charles E. Fuller, Judge, presiding. Appeal by the judgment plaintiff.
1Opinion of the Court
Mr. Presiding Justice Dibell
delivered the opinion of the court.
The cognovit was signed and the affidavit was signed and sworn to about 9 p. m. of September 3d. This was done at Freeport, in Stephenson county. The papers were entitled in the Circuit Court of Winnebago County, and its county seat was Bockford. It is evident the papers were „ not designed to be used that night of September 3d, and that they could not reasonably be expected to reach Bock-ford till September 4th. They had no force, effect or validity till filed with the circuit clerk at Bockford. They were not filed nor used till…
2Cases cited11 opinions
- Colson v. LeitchIllinois Supreme Court · 1884
- Mumford v. TolmanIllinois Supreme Court · 1895
- Farwell v. HustonIllinois Supreme Court · 1894
- Hier v. KaufmanIllinois Supreme Court · 1890
- Packer v. RobertsIllinois Supreme Court · 1891
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3Cited by2 opinions
- Yeomans v. LaneAppellate Court of Illinois · 1902
- Pierson v. LinnAppellate Court of Illinois · 1902