Legal Opinion

Clark v. Ewing

Illinois Supreme Court

Decided September 15, 1879PublishedCited by 12 opinions

Appeal from the Appellate Court of the First District. On the 29th of November, 1872, Arnold & Sisson sold and delivered to Barrett B. Clark, appellant, a stock of goods for the sum of $4910.72, to be paid for in specified installments.

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Appeal from the Appellate Court of the First District. On the 29th of November, 1872, Arnold & Sisson sold and delivered to Barrett B. Clark, appellant, a stock of goods for the sum of $4910.72, to be paid for in specified installments. By the agreement Clark was to give Arnold & Sisson eight notes, for the sum of $500 each, and another for the sum of $910.72. It is conceded that all these notes, except one for $500, were executed and delivered in pursuance of the agreement, and it is claimed by appellees that they were all so executed and delivered; but appellant contends that one of the…

1Opinion of the CourtJustice Mulkey

The object of the bill in this case was to set aside these judgments and obtain new trials at law. It sets out in detail the entire proceedings at law, including the evidence heard by the circuit court in assessing the damages, and upon the motions to set aside the defaults. The facts set forth in the bill and relied upon to show that it would be iribquitable to enforce the collection of these judgments, are somewhat fuller and more conclusive than they appeared upon the hearing of the motions to set aside the defaults, though in most respects they are substantially the same.

Before a bill can…

2Cases cited5 opinions

  1. Kern v. StrausbergerIllinois Supreme Court · 1874
  2. Winchester v. GrosvenorIllinois Supreme Court · 1868
  3. Weaver v. PoyerIllinois Supreme Court · 1873
  4. Buntain v. BlackburnIllinois Supreme Court · 1862
  5. Albro v. DaytonIllinois Supreme Court · 1862

3Cited by12 opinions

  1. Funk v. Kansas Manufacturing Co.Nebraska Supreme Court · 1898
  2. Gustafson v. LundquistAppellate Court of Illinois · 1948
  3. Edgington v. TaylorCourt of Appeals for the Eighth Circuit · 1920
  4. Conard v. CamphouseAppellate Court of Illinois · 1923
  5. Gross v. SloanAppellate Court of Illinois · 1895

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