Legal Opinion

McNerney v. Newberry

Illinois Supreme Court

Decided April 15, 1865PublishedCited by 4 opinions

Error to the Superior Court of Chicago. On the 6th of December, 1858, James McEerney filed an affidavit before DeWolf, a Justice of the Peace of Cook county, on which a summons was issued against Lucius Eewberry, as garnishee of one E. H. Sanders, which was returned by the constable on the same day, served, by reading to Eewberry.

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Error to the Superior Court of Chicago. On the 6th of December, 1858, James McEerney filed an affidavit before DeWolf, a Justice of the Peace of Cook county, on which a summons was issued against Lucius Eewberry, as garnishee of one E. H. Sanders, which was returned by the constable on the same day, served, by reading to Eewberry. The case was continued to the next day, at two o’clock, P. M., at which time it was called for trial, and the garnishee failing to appear, a judgment was rendered against him in favor of McEerney, for the sum of $65.87, being the full amount claimed to be due from…

1Opinion of the CourtJustice Breese

This was a suit before a Justice of the Peace, and taken by certiorari, to the Court of Common Pleas of Cook county. A motion was made in that court, to dismiss the certiorari for insufficiency of the petition, which the court denied, and on trial had, rendered a judgment for the defendant. The plaintiff brings the case here by writ of error, wherein the principal error assigned, is in refusing to dismiss the certiorari. '

It is insisted by the plaintiff in error, that the petition is not in conformity to the statute, that the statute requires the petition should show that the judgment was not…

2Cited by4 opinions

  1. Doan v. SibbitIllinois Supreme Court · 1871
  2. McDonald v. WilliamsAppellate Court of Illinois · 1891
  3. Cole v. AtkinsonAppellate Court of Illinois · 1880
  4. Brown Bros. Garage & Tire Co. v. BackesAppellate Court of Illinois · 1925

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