Cheney v. City National Bank of Chicago
Illinois Supreme Court
Appeal from the Circuit Court of Jersey comity; the Hon. Cyrus Epler, Judge, presiding. This iras an action of assumpsit, brought by the City National Bank of Chicago, against Prentiss D. Cheney, upon a promissory note given by the defendant to John Johnston, and by him assigned to the plaintiff. The material facts and questions will appear in the opinion of the court.
1Opinion of the CourtJustice Craig
The appellant urges a reversal of the judgment of the circuit court upon three grounds:
First. For the reason the court overruled a motion to quash the summons.
Second. On the ground that a demurrer was sustained to appellant’s second plea.
Third. The judgment rendered was for a larger amount than the declaration authorized.
It appears, from the record, that the suit was instituted on the 13th day of August, 1873. On the same day a summons was issued, returnable at a term of court to be begun and holden on the fourth Monday of September following, which would occur on the 22d day of September.
On…
2Cases cited2 opinions
- Willets v. BurgessIllinois Supreme Court · 1864
- Vining v. LeemanIllinois Supreme Court · 1867
3Cited by2 opinions
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- Bankers' Surety Co. v. Town of HollyCourt of Appeals for the Eighth Circuit · 1915