Legal Opinion

Roberts v. Dunn

Illinois Supreme Court

Decided September 15, 1873PublishedCited by 12 opinions

The first of these cases' is a Writ of Error to the Circuit Court of Rock Island county, the Hon. George W. Pleas-ants, Judge, presiding, and the second an Appeal from the Circuit Court of Mercer county, the same Judge presiding.

1Opinion of the CourtJustice Scott

A short history of the litigation between the parties will be necessary to a clear understanding of the points made in these cases, which have been, by consent, consolidated, and are to be heard as one cause in this court.

On the 29th day of October, 1870, Dunn commenced an action in assumpsit against Roberts, in the circuit court of Mercer county. Two days thereafter, he filed an affidavit and sued out a writ of attachment, in aid, as it is claimed, of the former suit. Although entitled as between the same parties as the suit in assumpsit, it was docketed by the clerk, of his own motion, as a…

2Cited by12 opinions

  1. Osmers v. FureyMontana Supreme Court · 1905
  2. McKinney v. PurcellSupreme Court of Kansas · 1882
  3. Stevenson v. PalmerSupreme Court of Colorado · 1890
  4. Farmers' & Merchants' Bank of Vandalia v. MainesCourt of Appeals for the Sixth Circuit · 1910
  5. Tatone v. Chin BingCalifornia Court of Appeal · 1936

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