Legal Opinion

Mix v. People

Illinois Supreme Court

Decided September 15, 1877PublishedCited by 28 opinions

Appeal from the Circuit Court of Kankakee County; the Hon. N. J. Pillsjbury, Judge, presiding.

1Opinion of the CourtChief Justice Scholfield

This was an action of debt, on a bond executed by appellants in prosecuting an appeal from a judgment for delinquent taxes, in the circuit court, to this court.

The declaration contains two counts, in both of which breaches of the condition of the bond are specially assigned. Appellants pleaded nil debet, non est factum, general performance, and three special pleas numbered respectively 4, 5, and 6. Demurrer was sustained to all of the pleas, except that of non est factum; and the questions for our consideration arise upon this ruling of the court.

It is conceded nil debet was not a proper…

2Cases cited4 opinions

  1. George v. BischoffIllinois Supreme Court · 1873
  2. Wear v. Jacksonville & Savannah RailroadIllinois Supreme Court · 1860
  3. Bradley v. OsterhoudtNew York Supreme Court · 1816
  4. Goelz v. JoergIllinois Supreme Court · 1872

3Cited by28 opinions

  1. Skinner v. HoltSouth Dakota Supreme Court · 1896
  2. First State Bank v. C. E. Stevens Land Co.Supreme Court of Minnesota · 1912
  3. Kilgour v. Drainage CommissionersIllinois Supreme Court · 1884
  4. Moses v. Royal Indemnity Co.Illinois Supreme Court · 1916
  5. State v. MyersWest Virginia Supreme Court · 1914

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