Legal Opinion

Race v. Isaacson

Appellate Court of Illinois

Decided January 4, 1906No. Gen. No. 12,206Published

Action of covenant. Error to the Superior Court of Cook County; the Hon. Jesse Holdom, Judge, presiding. Heard in this court at the March term, 1905.

1Opinion of the CourtJustice Brown

We do not see how the plaintiff in error can secure the relief she seeks by this writ of error. It is true that in the judgment order shown in the record, it is recited “that the cause being called for trial, comes the plaintiff to- this suit by her .attorney, and issues being joined, it is ordered that a jury come, etc.,” and nothing is said of the defendant’s coming. On this the plaintiff in error bases the representation in argument that the hearing was in her absence and ex parte which counsel say was explained by the fact of his (counsel’s) sickness. We doubt whether the omission…

2Cases cited7 opinions

  1. Chicago & Eastern Illinois Railroad v. O'ConnorIllinois Supreme Court · 1886
  2. Wright v. the Lessee of HollingsworthSupreme Court of the United States · 1828
  3. Milwaukee Mechanics' Insurance v. SchallmanIllinois Supreme Court · 1900
  4. Niehoff v. PeopleIllinois Supreme Court · 1897
  5. Sidway v. MarshallIllinois Supreme Court · 1876

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