Cook v. Hoyt
Illinois Supreme Court
Cook filed his petition in the Hancock Circuit Court, representing that, on the third day of June, A. D. 1848, Hoyt recovered a judgment against him before John Banks, a justice of the peace, for $70 and costs. That said judgment was erroneous and unjust, setting forth the circumstances connected with the suit, which made its injustice apparent. That he was present at the trial, and defended as well as he might, and was not guilty of any negligence in the premises.
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Cook filed his petition in the Hancock Circuit Court, representing that, on the third day of June, A. D. 1848, Hoyt recovered a judgment against him before John Banks, a justice of the peace, for $70 and costs. That said judgment was erroneous and unjust, setting forth the circumstances connected with the suit, which made its injustice apparent. That he was present at the trial, and defended as well as he might, and was not guilty of any negligence in the premises. That immediately after the rendition of the judgment against him, he applied to the justice for a transcript of his docket, &c.,…
1Opinion of the CourtTreat, C. J.
The petition shows that the judgment was unjust, and that it was not the result of negligence on the part of the plaintiff in error. The only question in the case, is, whether he made use of due diligence to take an appeal in the ordinary way. On this point, he states that he offered to take an appeal when the judgment was rendered, and for that purpose demanded a transcript of the judgment, which the justice refused to make. At the end of nine days, he went again to the office of the justice, eighteen miles distant from his residence, with an appeal-bond executed by a responsible surety, for…
2Cited by2 opinions
- Cassell v. RossIllinois Supreme Court · 1864
- Otten v. LehrIllinois Supreme Court · 1873