Legal Opinion

Smucker v. Larimore

Illinois Supreme Court

Decided January 15, 1859PublishedCited by 5 opinions

Smucker sued out this writ of error to the Morgan Circuit Court. On the filing of the record in this court, Larimore filed his plea, averring that before the commencement of any proceedings in error in this case, to wit: At. the county, etc., on, etc., the said Larimore was about to have sold at public auction, for cash in hand, pursuant to the award referred to in the record in this case, certain goods and chattels, to wit: one mule, etc., for satisfaction and payment to…

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Smucker sued out this writ of error to the Morgan Circuit Court. On the filing of the record in this court, Larimore filed his plea, averring that before the commencement of any proceedings in error in this case, to wit: At. the county, etc., on, etc., the said Larimore was about to have sold at public auction, for cash in hand, pursuant to the award referred to in the record in this case, certain goods and chattels, to wit: one mule, etc., for satisfaction and payment to him, of certain moneys awarded to be due him in the premises, and the said plaintiff (Smucker) and the Lewis Hatfield…

1Opinion of the CourtWalker, J.

The plea of release of errors in this case, avers, that before the writ of error was sued out, Laramore was about to have sold at public auction a quantity of personal property, in pursuance of an award set forth in this record. And the object of the sale was to satisfy a sum of money awarded to be paid by Smucker to Laramore. That Smucker and Lewis Hatfield, named in the record, requested Laramore to allow Hatfield to purchase the goods at the sale, and give his note to defendant at sixty days, in lieu of cash. And that they undertook and agreed that if defendant would accede to the…

2Cited by5 opinions

  1. Wilson v. Hoffman Group, Inc.Illinois Supreme Court · 1989
  2. Austin v. BainterIllinois Supreme Court · 1866
  3. Beardsley v. SmithIllinois Supreme Court · 1891
  4. Stacy v. Ametek, Inc.Appellate Court of Illinois · 1990
  5. Wilson v. Hoffman Group, Inc.Illinois Supreme Court · 1989

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