Elston v. Dewes
Illinois Supreme Court
This was an action of assumpsit in the Circuit Court of Cook county, brought by the defendant in error, Dewes, against Daniel T. Elston, Orin J. Rose, William H. Davis and Otho Klemrn, as copartners, under the firm name of “D. Elston & Co.” The precipe and declaration were filed, and the summons issued on the 16th day of June, A. D. 1858. The declaration contained only one count, which was upon a promissory note, dated May 14,1857, for the sum of $10,000, payable thirteen…
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This was an action of assumpsit in the Circuit Court of Cook county, brought by the defendant in error, Dewes, against Daniel T. Elston, Orin J. Rose, William H. Davis and Otho Klemrn, as copartners, under the firm name of “D. Elston & Co.” The precipe and declaration were filed, and the summons issued on the 16th day of June, A. D. 1858. The declaration contained only one count, which was upon a promissory note, dated May 14,1857, for the sum of $10,000, payable thirteen months after date, with interest at the rate of ten per cent, per annum from the 14th day of July, A. D. 1857. On the 30th…
1Opinion of the Court
Breese, J".
The time which has elapsed since the judgment was entered in this cause in the Circuit Court, the presumption which must obtain that it has been enforced by execution, under which important rights and interests are now involved, would incline this court to adhere to the rule established in the case of Sims v. Hugsby, Breese (new ed.), 414, wherein this court said: If too large a judgment has been rendered against the appellant in the court below, his remedy is by motion there. The error complained of is rather the mistake of the clerk than the error of the court. In a case like the…
2Cases cited1 opinion
- Ryan v. MayIllinois Supreme Court · 1852
3Cited by1 opinion
- Reese v. MitchellIllinois Supreme Court · 1866