Primmer v. Price J. Patten & Co.
Illinois Supreme Court
Writ or Error to the Circuit Court of Marion County; the Hon. H. K. S. O’Mel vene y, Judge, presiding; The plaintiff in error asked leave to file a bill of discovery in the Marion County Circuit Court, in which bill he alleged the pendency in that court, of a suit at law, wherein the defendants in error were plaintiffs, and the complainant in the bill was defendant; that said suit was brought upon a promissory note given by the complainant to one Lasater, for the sum of five…
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Writ or Error to the Circuit Court of Marion County; the Hon. H. K. S. O’Mel vene y, Judge, presiding; The plaintiff in error asked leave to file a bill of discovery in the Marion County Circuit Court, in which bill he alleged the pendency in that court, of a suit at law, wherein the defendants in error were plaintiffs, and the complainant in the bill was defendant; that said suit was brought upon a promissory note given by the complainant to one Lasater, for the sum of five hundred dollars, dated Oct. 9, 1858, and payable two years from date, being the third and last installment for a house…
1Opinion of the CourtJustice Walker
The first question which we propose to consider is, whether the bill of discovery contained such allegations as required the court below to grant an injunction staying the proceedings at law until the discovery was had. The bill alleges the pendency of the suit; that pleas had been filed, setting up a failure of consideration, with notice by the plaintiffs at the time they purchased the note; that they purchased the note after its maturity; also a plea that the payee of the note received the conveyance of a town lot in satisfaction and discharge of the note by a written release, and that…
2Cited by6 opinions
- Helm v. CantrellIllinois Supreme Court · 1871
- American Fine Art Co. v. VoigtAppellate Court of Illinois · 1902
- New Era Gas Fuel Appliance Co. v. ShannonAppellate Court of Illinois · 1892
- North Chicago Street Railroad v. AckleyAppellate Court of Illinois · 1895
- Augenstein v. AugensteinAppellate Court of Illinois · 1934
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