Second National Bank of Saginaw v. Claney
Appellate Court of Illinois
Appeal from the Municipal Court of Chicago; the Hon. John H. Hume, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1910. Certiorari denied by Supreme Court (making opinion final).
1DissentJustice Barnes
I cannot agree with the conclusion that defendants were not entitled to a jury for the assessment of damages. We have held to the contrary. Ungar v. Feuer, 172 Ill. App. 204. Under the Municipal Court Act, if a defendant wants a jury he must demand it and pay the fees therefor at the time of entering his appearance, but there is nothing in the act to indicate that the demand is limited to a trial of the issues. It should be sufficient for all purposes. It would be quite as consistent to require a second payment of fees as a second demand.
But, if necessary, objection to the order referring the…
2Cases cited1 opinion
- Ungar v. FeuerAppellate Court of Illinois · 1912