McGuire v. Campbell
Appellate Court of Illinois
Assumpsit, on a promissory note. Confession of judgment; motion to open; plea of usury; appeal from the Circuit Court of Williamson County; the Hon. Joseph P. Robarts, Judge, presiding. Heard in the Circuit Court at the August term, 1894. Statement of the Case. At the February term, 1894, of the Williamson Circuit Court, judgment in favor of appellant against IE.
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Assumpsit, on a promissory note. Confession of judgment; motion to open; plea of usury; appeal from the Circuit Court of Williamson County; the Hon. Joseph P. Robarts, Judge, presiding. Heard in the Circuit Court at the August term, 1894. Statement of the Case. At the February term, 1894, of the Williamson Circuit Court, judgment in favor of appellant against IE. C. Campbell was entered by confession, upon a note and cognovit, for 82,028.99. The note is as follows: “ $1,374.80. One day after date we, or either of us, promise to pay to the order of Richart & Campbell the sum of thirteen…
1Opinion of the CourtJustice Green
In support of the motion for a new trial, three causes . only were assigned, viz.: “1st. The finding is contrary to the law and the evidence in the case. 2d. The court erred in admitting improper evidence on behalf, of defendant, against the protest and objection of the plaintiff and in setting aside the confessed judgment. 3d. The court erred in refusing proper evidence offered on behalf of plaintiff.”
A court of law has power to order the opening of a judgment rendered upon a cognovit, where usury is alleged to constitute a part of the judgment, and hear the parties and reduce the judgment,…
2Cases cited6 opinions
- First National Bank v. DavisIllinois Supreme Court · 1884
- Saylor v. DanielsIllinois Supreme Court · 1865
- Harris v. BresslerIllinois Supreme Court · 1887
- Fleming v. JencksIllinois Supreme Court · 1859
- Page v. WallaceIllinois Supreme Court · 1877
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Ruckdeschall v. SeibelSupreme Court of Virginia · 1919
- Person v. MattsonNorth Dakota Supreme Court · 1916
- Cary v. NibloAppellate Court of Illinois · 1910
- I. C. Bank & Trust Co. v. GearyAppellate Court of Illinois · 1934