Funk v. Mills
Appellate Court of Illinois
Memorandum.—Assumpsit: In the Superior Court of Cook County; the Hon. Jonas Hutchinson, Judge, presiding. Scire facias to make parties to a judgment; plea, general issue; finding for plaintiff; defendant appeals. Heard in this court at the March term, 1893, and affirmed.
1Opinion of the Court
Opinion of the Court,
Waterman, J.
Appellants made their promissory note, payable to the order of appellee; John B. and William H. Yesey signed the same as sureties. Suit was brought thereon, and the Yeseys only, having been served with process, judgment ivas obtained against them for $1,131.17. Thereupon a scire facias Avas issued to appellants, requiring them to show cause why they should not be made parties to the judgment; this having been served, they appeared and filed a plea of the general issue.
January 23, 1893, the matter coming on for hearing, a jury being waived, the court found the…
2Cases cited10 opinions
- Ottawa, Oswego & Fox River Valley R. R. v. McMathIllinois Supreme Court · 1878
- Gould v. HoweIllinois Supreme Court · 1889
- Jones v. JonesIllinois Supreme Court · 1874
- Reichwald v. GaylordIllinois Supreme Court · 1874
- Leyenberger v. PaulAppellate Court of Illinois · 1888
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