Thomas v. McGuinness
Appellate Court of Illinois
Trespass, for an assault and battery. Error to the Circuit Court of Cook County; the Hon. Richard W. Clifford, Judge, presiding.
Read the full summary
Trespass, for an assault and battery. Error to the Circuit Court of Cook County; the Hon. Richard W. Clifford, Judge, presiding. Heard in this court at the October term, 1900. Statement by the Court.—Defendant in error Frank McGuiness, plaintiff below, who sued by James McGuiness, his next friend, began an action in trespass against plaintiffs in error, defendants below, in which service was had upon both defendants, and a demurrer filed by John Thomas, the default of Frank Thomas being entered April 22, 1896. February 27, 1897, the demurrer was sustained and leave given to file an amended…
1Opinion of the CourtJustice Windes
Several questions are raised by counsel for plaintiffs in error and argued, which it is unnecessary to consider, for the reason that they are obviated by a supplemental record filed in the cause after the original briefs were filed, and we do not now understand counsel to insist on their determination. There remain, however, two questions:
First. It appears, as we have seen from the preceding statement, that Frank Thomas was never defaulted except as to the original declaration, nor was he found guilty of the charges made against him in the declaration. He, with the other defendant, was ruled…
2Cases cited14 opinions
- Pyle v. PyleIllinois Supreme Court · 1895
- Blair v. ReadingIllinois Supreme Court · 1881
- Gibson v. ReesIllinois Supreme Court · 1869
- Baltimore & Ohio Southwestern Railway Co. v. KeckIllinois Supreme Court · 1900
- Illinois Steel Co. v. NovakIllinois Supreme Court · 1900
9 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- May v. FarrellCalifornia Court of Appeal · 1928
- Cooper v. HenrySouth Dakota Supreme Court · 1913
- Moreland v. BebberAppellate Court of Illinois · 1902
- Leydig v. PattenAppellate Court of Illinois · 1910
- Nordstrom v. City of ChicagoAppellate Court of Illinois · 1905