Russell v. Pickering
Illinois Supreme Court
The opinion of the court furnishes a statement of the case. The decision of the Circuit Court was made by Marshall, Judge, at September term, 1852.
1Opinion of the CourtSkinner, J.
Pickering, on the 28th day of July, 1851, before a justice of the peace of Edwards county, recovered a judgment against Russell for sixteen dollars. Russell, after the expiration of twenty days from the rendition of the judgment, removed the cause into the Circuit Court by certiorari. The Circuit Court dismissed the certiorari for want of a sufficient petition.
To entitle a party to this mode of appeal, under the statute, the petition must set forth and show upon the oath of the applicant, that the judgment before the justice of the peace was not the result of negligence of the party; that the…
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