Knox v. Light
Illinois Supreme Court
This was an action of debt, brought by defendants in error, upon a promissory note, in the Franklin Circuit Court. A plea of tender was interposed, which was disposed of as stated in the opinion of the Court. A judgment was rendered for defendants in error, before Denning, Judge, at the April term, 1850. The defendants below sued out this writ of error.
1Opinion of the CourtTrumbull, J.
This was an action of debt upon a promissory note. All the questions in the case, arise out of the proceedings upon a plea of tender.
The plaintiffs in the Circuit Court after filing a replication to the plea, to which the defendants demurred, asked and obtained leave to withdraw their replication, and obtained a rule upon the defendants to pay the money into Court as alleged in their plea. The defendants refused to comply with the order, whereupon, the Court disregarding the plea, entered judgment against the defendants. In all this there was no error.
It was clearly within the discretion of…
2Cited by5 opinions
- Stow v. RussellIllinois Supreme Court · 1864
- Warth v. L. Loewenstein & SonsIllinois Supreme Court · 1905
- Webster & Baxter v. Pierce & BarberIllinois Supreme Court · 1864
- McDaniel v. UptonAppellate Court of Illinois · 1892
- Brooks v. LawyerAppellate Court of Illinois · 1895