McDonald v. Williams
Appellate Court of Illinois
Appeal from the Circuit Court of Cook County; the Hon. Geokge Dkiggs, Judge, presiding. On March 19, 1891, F. M. Williams filed his petition for writ of certiorari, in Circuit Court, Cook County, as follows: “Tour petitioner, F. M. Williams, of the city of Chicago, in said county and State, complaining, shows unto your honors that on the 10th day of November, A. D. 1890, he commenced action against one George M. McDonald, before H. B. Brayton, Esq., one of the justices of…
Read the full summary
Appeal from the Circuit Court of Cook County; the Hon. Geokge Dkiggs, Judge, presiding. On March 19, 1891, F. M. Williams filed his petition for writ of certiorari, in Circuit Court, Cook County, as follows: “Tour petitioner, F. M. Williams, of the city of Chicago, in said county and State, complaining, shows unto your honors that on the 10th day of November, A. D. 1890, he commenced action against one George M. McDonald, before H. B. Brayton, Esq., one of the justices of said county, to recover from said McDonald the sum of §200, then due and owing to your petitioner, and that he filed in…
1Opinion of the CourtMobah, J.
The court properly refused to quash the writ of certiorari. The allegations of the petition clearly show that the judgment as entered -by the justice of the peace on his docket was unjust and erroneous, and it sufficiently shows that it was not in the power of petitioner to take an appeal in the ordinary way, and that no negligence or lack of diligence on his part prevented such appeal being taken.
Having heard the justice announce his judgment after the hearing of the evidence, petitioner was justified in relying on said announcement as being the judgment, and there was no lack of diligence…
2Cases cited3 opinions
- Pierce v. WadeAppellate Court of Illinois · 1886
- McNerney v. NewberryIllinois Supreme Court · 1865
- O'Hara v. O'BrienAppellate Court of Illinois · 1879
3Cited by2 opinions
- Auman v. J. Hungerford Smith Co.Appellate Court of Illinois · 1951
- Brown Bros. Garage & Tire Co. v. BackesAppellate Court of Illinois · 1925