Whiteside v. Pulliam
Illinois Supreme Court
This was a bill for an account, filed in the St. Clair Circuit Court, by J. W.-Pulliam, against S. B. Whiteside, E. Penseneau and Narcisse Penseneau.
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This was a bill for an account, filed in the St. Clair Circuit Court, by J. W.-Pulliam, against S. B. Whiteside, E. Penseneau and Narcisse Penseneau. The bill alleges, in substance, that on the 27th August, 1858, S. B. Whiteside, of the one part, and E. and N. Penseneau, of the other, made a written contract under seal, whereby said Whiteside then bought a bill of goods of the Penseneaus, amounting to $1,635, and paid them $800 of the same; the remaining $835 S. B. Whiteside was to place in his store at Fayetteville, with a like amount of goods, bought for cash, and keep up the stock in a…
1Opinion of the CourtWalker, J.
When a reference is made to a master in chancery to take and state an account, the parties have the undoubted right to be present and be heard in support of their rights. And the master should never proceed to pass upon and fix their rights by stating the account, unless the parties are present by themselves or their solicitors, or have been notified of the time and place of the hearing. On the hearing before him, they have the same right to be heard by themselves or by counsel, to introduce evidence, cross-examine witnesses, and take the various steps authorized by law, as if the hearing was…
2Cases cited1 opinion
- Brockman v. AulgerIllinois Supreme Court · 1850
3Cited by6 opinions
- Hurd v. GoodrichIllinois Supreme Court · 1871
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- Ellwood v. WalterAppellate Court of Illinois · 1902
- Taylor v. DorrWest Virginia Supreme Court · 1897
- People v. UllrichAppellate Court of Illinois · 2002
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