MacVeagh v. Locke
Appellate Court of Illinois
Appeal from the Superior Court of Cook County; the Hon. Henry M. Shepard, Judge, presiding. The appellee, Locke, having, January 15, 1885, obtained a judgment in assumpsit by confession upon warrant of attorney against Clingenberger in the Circuit Court for $977.68 damages, and caused an execution to be issued thereon of that date to the Sheriff of Cook County, which had been returned nulla bona, instituted proceedings in chancery against said Clingenberger and MacVeagh &…
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Appeal from the Superior Court of Cook County; the Hon. Henry M. Shepard, Judge, presiding. The appellee, Locke, having, January 15, 1885, obtained a judgment in assumpsit by confession upon warrant of attorney against Clingenberger in the Circuit Court for $977.68 damages, and caused an execution to be issued thereon of that date to the Sheriff of Cook County, which had been returned nulla bona, instituted proceedings in chancery against said Clingenberger and MacVeagh & Co. to have certain prior executions issued in favor of MacVeagh & Co. against Clingenberger and which had been satisfied…
1Opinion of the CourtMcAllister, P. J.
The principal question in this case is as to the competency of parol evidence to collaterally impeach and contradict judicial records in the absence of proof of fraud or collusion. We can perceive no substantial distinction between this case and former ones in this court in which we have held in conformity with elementary rules and decided cases that such evidence was incompetent. Richardson v. Beldam, 18 Ill. App. 527; S. C. as Roche v. Beldam, 119 Ill. 320; affirmed by the Supreme Court, unreported; Hanson v. Schlesinger, 19 Chicago Legal News, p. 363, and cases there cited; Ready. Sutton,…
2Cases cited4 opinions
- Roche v. BeldamIllinois Supreme Court · 1887
- Richardson v. BeldamAppellate Court of Illinois · 1886
- Koren v. RoemheldAppellate Court of Illinois · 1881
- Candee v. LordNew York Court of Appeals · 1849
3Cited by2 opinions
- Toledo Computing Scale Co. v. JohnsonAppellate Court of Illinois · 1915
- Ward v. WhiteAppellate Court of Illinois · 1896