Legal Opinion

Magerstadt v. White Lumber Co.

Appellate Court of Illinois

Decided January 9, 1913No. Gen. No. 17,640Published

Error to the Municipal Court of Chicago; the Hon. Edward A. Dicker, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1911.

1Opinion of the CourtJustice McSurely

The defendant in error, B. J. Magerstadt, as executor of the estate of Louis Hutt, deceased, hereinafter called plaintiff, caused judgment by confession to be entered in the municipal court against plaintiff in error, the White Lumber Company, hereinafter called defendant, upon a written lease of a lumber yard occupied by defendant as lessee. The judgment was for the rent for April, 1911, the last month of the term of -the lease. Defendant made a motion to vacate the judgment, and supported the motion by an affidavit made by the president of defendant. IJpon hearing of said motion the…

2Cases cited3 opinions

  1. Hayner v. SmithIllinois Supreme Court · 1872
  2. Lynch v. BaldwinIllinois Supreme Court · 1873
  3. McCormick v. Potter-Herrick Wall Paper MillsAppellate Court of Illinois · 1909

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