May v. Baker
Illinois Supreme Court
This cause was heard before Emerson, Judge, at June term, 1853, of the Sangamon Circuit Court. This was a case in the Sangamon Circuit Court on appeal from a justice of the peace, in which Baker was plaintiff, and May defendant. On the trial in the circuit court, the plaintiff offered in evidence two notes given to plaintiff by defendant, and closed his case.
Read the full summary
This cause was heard before Emerson, Judge, at June term, 1853, of the Sangamon Circuit Court. This was a case in the Sangamon Circuit Court on appeal from a justice of the peace, in which Baker was plaintiff, and May defendant. On the trial in the circuit court, the plaintiff offered in evidence two notes given to plaintiff by defendant, and closed his case. Defendant then offered in evidence garnishee proceedings against him as the debtor of one Lock; that said Lock was the owner of said notes at the time the proceedings were had against defendant; and that upon his answer as garnishee,…
1Opinion of the CourtCaton, J.
The question in tiffs case is, whether the court decided properly in rejecting the record of the judgment of the justice of the peace in favor of Spear and against May, as gar-, nishee of Lock, which was set up as a defence to these notes. The notes sued on were executed by May, and made payable to Baker. The defendant below offered to prove that Lock had obtained possession of the notes and refused to give them up to Robbins, who claimed to own them. Whereupon Robbins sued him in trover and obtained judgment for the value of the notes, and then offered in evidence the record, of the…
2Cited by13 opinions
- Moore v. GravelotAppellate Court of Illinois · 1878
- Chatroop v. BorgardAppellate Court of Illinois · 1891
- Holowaty ex rel. Cherka v. Prudential Insurance Co. of AmericaAppellate Court of Illinois · 1935
- Brown v. First National BankAppellate Court of Illinois · 1933
- Glass v. DoaneAppellate Court of Illinois · 1884
8 more not listed; retrieve them via the Exa API.