Van Pelt v. Dunford
Illinois Supreme Court
Appeal from the Circuit Court of Greene county • the Hon. Charles D. Hodges, Judge, presiding. This was a proceeding to enforce a mechanics’ lien, instituted in the circuit court of Greene county by the appellees, Thomas Dunford and George Davis, against the appellant, John E.Van Pelt, for an engine and certain mill machinery alleged to have been furnished to appellant by the appellees.
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Appeal from the Circuit Court of Greene county • the Hon. Charles D. Hodges, Judge, presiding. This was a proceeding to enforce a mechanics’ lien, instituted in the circuit court of Greene county by the appellees, Thomas Dunford and George Davis, against the appellant, John E.Van Pelt, for an engine and certain mill machinery alleged to have been furnished to appellant by the appellees. There was a trial before the court and a jury, which resulted in a verdict for appellees, for $2,264.13; whereupon a decree was entered by the court for the amount so found to be due, directing its payment…
1Opinion of the CourtJustice Scott
The appellant seeks a reversal of the decree in this cause, on two grounds. First, that the court ought to have awarded a new hearing on the affidavits filed in aid of a motion for that purpose. The affidavits to which reference is made form no part of the record, and can not be considered by the court. The appellant, to obtain the benefit of the affidavits in this court, should have had the same made a part of the record by the certificate of the judge who heard the cause in the circuit court. "In the absence of such certificate, Ave will not presume, from the mere fact that the affidaAÚts…
2Cases cited1 opinion
- Gould v. GarrisonIllinois Supreme Court · 1868
3Cited by8 opinions
- Lange v. HeyerIllinois Supreme Court · 1902
- Berndt v. ArmknechtAppellate Court of Illinois · 1893
- Van Valkenburg v. Trustees of SchoolsIllinois Supreme Court · 1872
- Moore v. ParrishAppellate Court of Illinois · 1893
- Pierson v. HendrixIllinois Supreme Court · 1878
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