Lathrop v. Hayes
Illinois Supreme Court
Appeal from the Circuit Court of Bureau county; the Hon. Edwin S. Leland, Judge, presiding. This was an action brought by Hayes against Lathrop, before one Eastlick, a justice of the peace, on a verbal contract claimed to have been made between the parties. The sum-. mons was issued by the justice on the 5th day of January, 186.7, was returnable on the 11th day of that month, and was duly served on the 7th of the same month.
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Appeal from the Circuit Court of Bureau county; the Hon. Edwin S. Leland, Judge, presiding. This was an action brought by Hayes against Lathrop, before one Eastlick, a justice of the peace, on a verbal contract claimed to have been made between the parties. The sum-. mons was issued by the justice on the 5th day of January, 186.7, was returnable on the 11th day of that month, and was duly served on the 7th of the same month. A judgment by default was rendered against Lathrop for $99.50, from which judgment he appealed to the circuit court. • A trial in the circuit court resulted in a judgment…
1Opinion of the CourtJustice Scott
The question involved in this case depends on the construction that shall be given to section 35, chapter 59 of the B. S. 1845, which declares that “in all suits which shall be commenced before a justice of the peace, each party shall bring forward all his or her demands against the other party existing at the time of the commencement of the suit, which are of such a nature as to be consolidated, and which do not exceed $100 when consolidated into one action or defense, and on refusing or neglecting to do the same, shall forever be debarred from the privilege of suing for any such debt or…
2Cases cited2 opinions
- Douglas v. HoagNew York Supreme Court · 1806
- Serjeant v. HolmesNew York Supreme Court · 1808
3Cited by4 opinions
- Engstrom v. OlsonAppellate Court of Illinois · 1928
- Caldwell v. EvansAppellate Court of Illinois · 1891
- Patton v. KapplerAppellate Court of Illinois · 1960
- Tompkins v. GerryAppellate Court of Illinois · 1892