Legal Opinion

Ellinger v. Caspary

Appellate Court of Illinois

Decided June 13, 1898Published

Debt, on foreign judgment. Trial in the Superior Court of Cook County, without a jury; the Hon. William G. Ewing, Judge, presiding. Finding for plaintiff. Defendant appeals.

1Opinion of the CourtJustice Windes

It is claimed, first, that the case was improperly tried on the short cause calendar; second, that the case was tried against appellant’s objection that the issues were not made up; and third, that there is a variance between the declaration and the proof of the judgment declared upon.

As to the first contention, we are unable to tell whether there was error or not. There is nothing whatever in the abstract to tell us when or by what means the case was placed upon the short cause calendar. We are not required to look in the record for this information, nor will we search the record for what…

2Cases cited3 opinions

  1. Gibler v. City of MattoonIllinois Supreme Court · 1897
  2. Smith v. SmithIllinois Supreme Court · 1856
  3. West Chicago Street Railroad v. NashIllinois Supreme Court · 1897

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