Carr v. Miner
Illinois Supreme Court
Appeal from the Appellate Court of the Second District; the Hon. Nathaniel J. Pillsbury, presiding Justice, and Hon. Geo. W. Pleasants and Hon. Lyman Laoey, Justices. This was a proceeding by scire facias, brought by appellant to the February term, 1879, of the JoDaviess county circuit court, to revive a judgment rendered in that court on the 25th day of May, A. D. 1864, in favor of appellant, and against appellee, for the sum of $996.75 and costs.
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Appeal from the Appellate Court of the Second District; the Hon. Nathaniel J. Pillsbury, presiding Justice, and Hon. Geo. W. Pleasants and Hon. Lyman Laoey, Justices. This was a proceeding by scire facias, brought by appellant to the February term, 1879, of the JoDaviess county circuit court, to revive a judgment rendered in that court on the 25th day of May, A. D. 1864, in favor of appellant, and against appellee, for the sum of $996.75 and costs. At the return term of the writ the defendant pleaded thereto the following pleas: First—Defendant says there is not any record of the supposed…
1Opinion of the CourtJustice Mulkey
It will be perceived, upon an examination of the pleadings in this case, that while seven distinct issues were formed, they presented but two questions of fact:
1st. Did the defendant make and keep good his tender of the amount of the judgment and costs as set forth in his pleas?
2d. Did the defendant, after having made such tender, refuse to pay the amount of the judgment and costs upon a subsequent application by plaintiff?
These two questions, in effect, amount to the same thing, for if the defendant, after having made a tender, subsequently refused to pay the money upon request of plaintiff,…
2Cited by2 opinions
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- Aulger v. ClayIllinois Supreme Court · 1884