Brown v. Miner, Frost & Hubbard
Illinois Supreme Court
Writ of Error to the Appellate Court for the Third District ;—heard in that court on writ of error to the Circuit Court of Scott county; the Hon. Cyrus Epler, Judge, presiding. April 6, 1883, James Brown and wife, Margaret, executed a note to defendants in error for $13,500, due in five years,„ with seven per cent interest, payable annually, and a mortgage to secure the same.
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Writ of Error to the Appellate Court for the Third District ;—heard in that court on writ of error to the Circuit Court of Scott county; the Hon. Cyrus Epler, Judge, presiding. April 6, 1883, James Brown and wife, Margaret, executed a note to defendants in error for $13,500, due in five years,„ with seven per cent interest, payable annually, and a mortgage to secure the same. The mortgage provided, that on default of the mortgagors to pay the annual interest, or to pay the taxes assessed on the land, the whole debt might be declared due, at the option of the holder, and out of the proceeds of…
1Opinion of the CourtJustice Shops
It is well settled that one party can not assign error for another who makes no complaint. The two mortgagors were properly served in the suit to foreclose the mortgage, and appeared therein. James M. Brown, it appears, was a tenant of the premises, only, whose term had substantially expired. If it was conceded that the service upon him was insufficient ■to give the court jurisdiction of his person, and that it was therefore error to enter a decree pro confesso as to him, he alone ■could avail of that error. If he had a joint interest with the plaintiffs in error, the rule would be different,…
2Cases cited3 opinions
- Meeker v. MeekerIllinois Supreme Court · 1874
- Milk v. MooreIllinois Supreme Court · 1864
- Myatt v. WalkerIllinois Supreme Court · 1867
3Cited by26 opinions
- St. Louis & Cairo Railroad v. Postal Telegraph Co.Illinois Supreme Court · 1898
- Pyott v. PyottIllinois Supreme Court · 1901
- Allen v. HennIllinois Supreme Court · 1902
- Kelly v. GalbraithIllinois Supreme Court · 1900
- Patterson v. Northern Trust Co.Illinois Supreme Court · 1907
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