Legal Opinion

Hennessy v. Metzger

Appellate Court of Illinois

Decided May 24, 1893PublishedCited by 3 opinions

Memorandum.—Assumpsit. In the Circuit Court of Cook County; the Hon. Thomas G. Windes, Judge, presiding. Commencement of suit September 13, 1890; declaration, common counts for work and materials and for interest; plea, general issue, non-assumpsit as to a portion of the demand in the declaration mentioned and tender of the amount excepted; set-off; trial by jury; verdict for plaintiff for the amount excepted in the second plea and judgment; appeal by plaintiffs.

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Memorandum.—Assumpsit. In the Circuit Court of Cook County; the Hon. Thomas G. Windes, Judge, presiding. Commencement of suit September 13, 1890; declaration, common counts for work and materials and for interest; plea, general issue, non-assumpsit as to a portion of the demand in the declaration mentioned and tender of the amount excepted; set-off; trial by jury; verdict for plaintiff for the amount excepted in the second plea and judgment; appeal by plaintiffs. Heard in this court at the March term, 1893, and affirmed.

1Opinion of the Court

Opinion of the Court,

Gary, P. J.

In this record there is a praecipe for a record ordering “ an authenticated transcript of the record in this cause and insert therein”—then follow nineteen items to be inserted. The certificate of the clerk is that the record brought up is a “ true, perfect and complete transcript of the record according to the praecipe filed.”

The bill of exceptions says that a lot of exhibits “ are hereto annexed and made part hereof ” and none are annexed, but some documents are filed in this court, with the title and number of this case upon them. They also have indorsed…

2Cases cited5 opinions

  1. Patterson v. ChurchmanIndiana Supreme Court · 1889
  2. Charles v. RemickAppellate Court of Illinois · 1893
  3. Stock Quotation Telegraph Co. v. Board of TradeIllinois Supreme Court · 1893
  4. Rosenstiel v. GrayIllinois Supreme Court · 1884
  5. Heffron v. RiceAppellate Court of Illinois · 1893

3Cited by3 opinions

  1. Legnard v. RhodesAppellate Court of Illinois · 1893
  2. Hughes v. BellAppellate Court of Illinois · 1894
  3. Legnard v. RhodesAppellate Court of Illinois · 1893

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