Legal Opinion

Kaestner v. Farmers & Merchants State Bank of Marion

Appellate Court of Illinois

Decided February 13, 1904No. Gen. No. 10,921Published

Action of assumpsit upon promissory note. Appeal from the Superior Court of Cook County; the Hon. Jonas Hutchinson, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1902.

1Opinion of the Court

Mr. Presiding Justice Freeman

delivered the opinion of the court.

This is an appeal from a judgment in favor of appellee upon a promissory note. The cause was tried on the short cause calendar. The alleged errors relied upon are, first, that the trial court erred in refusing to strike the case from the short cause calendar; and second, that the verdict and judgment are against the weight of the evidence.

The bill of exceptions .fails to preserve the affidavit and notice in pursuance of which the case was placed upon the short cause calendar. They appear to have been inserted in the transcript of…

2Cases cited4 opinions

  1. Gaynor v. Hibernia Savings BankIllinois Supreme Court · 1897
  2. Wheeler & Tappan Co. v. DahmsAppellate Court of Illinois · 1893
  3. Oliver v. GerstleAppellate Court of Illinois · 1895
  4. Freund v. HuylersAppellate Court of Illinois · 1902

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