Peak v. Shasted
Illinois Supreme Court
At the July term, 1858, of the Macon Circuit Court, Shasted as assignee, obtained a judgment, by default, against Peak, a minor, on a note dated 28th March, 1858. At the November term, 1858, Peak filed an affidavit of his father, showing that the said George C. Peak was born on fourth November, 1837, with notice to Shasted, and service of a copy of affidavit and time of motion—and by his attorneys entered a motion to reverse, withdraw, annul and for nothing hold, said…
Read the full summary
At the July term, 1858, of the Macon Circuit Court, Shasted as assignee, obtained a judgment, by default, against Peak, a minor, on a note dated 28th March, 1858. At the November term, 1858, Peak filed an affidavit of his father, showing that the said George C. Peak was born on fourth November, 1837, with notice to Shasted, and service of a copy of affidavit and time of motion—and by his attorneys entered a motion to reverse, withdraw, annul and for nothing hold, said judgment by default. The parties appeared by their respective attorneys, and on argument (the facts of the affidavit not being…
1Opinion of the CourtWalker, J.
This was an action of assumpsit instituted in the Macon Circuit Court, on anote executed by Peak to William E. Shasted, and assigned by him to plaintiff below. Summons was duly issued and served to the July term, 1858, and at the return term, the defendant, failing to appear or plead, a default was entered, and a judgment rendered against him for the amount of the note and interest. At the November term following, Peak, after having given a notice, entered a motion to set aside the judgment, upon the grounds that he was, at the time the writ issued and the judgment was rendered, a minor under…
2Cited by25 opinions
- Van Matre v. SankeyIllinois Supreme Court · 1893
- J. Edward Day v. William H. AveryCourt of Appeals for the D.C. Circuit · 1977
- Wallis, Landes & Co. v. StuartTexas Supreme Court · 1899
- Domitski v. American Linseed Co.Illinois Supreme Court · 1906
- City of Danville v. ClarkIllinois Supreme Court · 1976
20 more not listed; retrieve them via the Exa API.