Legal Opinion

Culver v. Colehour

Illinois Supreme Court

Decided January 25, 1886PublishedCited by 5 opinions

Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Circuit Court of Cook county; the Hon. Joseph E. G-ary, Judge, presiding.

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Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Circuit Court of Cook county; the Hon. Joseph E. G-ary, Judge, presiding. On the 30th of November, 1875, in a' suit then pending in the Superior Court of Cook county, wherein the Mechanics’ National Bank of Chicago was plaintiff, and Charles W. Cole-hour and William H. Colehour were defendants, an order of court was entered of record reciting due personal service of summons in said cause upon .the defendants, more than ten days before the November term, 1875, of the court, entering their default,…

1Opinion of the CourtJustice Scholfield

The ground upon which the motion to vacate and set aside the decree of the 24th of June was based, was an oral statement made in court by Culver, and by agreement of parties accepted as his affidavit, to the effect that he was not present at the hearing because of his actual and necessary engagement at the Circuit Court of the United States, at the same time, in arguing and resisting an application by the United States of America for an injunction against the Chicago ball club and the city of Chicago.

The bill of exceptions shows that on the 16th of April, A. D. 1884, Culver being present in…

2Cases cited3 opinions

  1. In re FerrierIllinois Supreme Court · 1882
  2. Hearson v. GraudineIllinois Supreme Court · 1877
  3. Ware v. NottingerIllinois Supreme Court · 1864

3Cited by5 opinions

  1. Adcock v. AdcockAppellate Court of Illinois · 1950
  2. Esmond v. EsmondAppellate Court of Illinois · 1909
  3. Bartkowski v. Albert Hoefeld, Inc.Appellate Court of Illinois · 1922
  4. Culver v. PhelpsIllinois Supreme Court · 1889
  5. Mechanics National Bank v. ColehourAppellate Court of Illinois · 1892

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