White v. Gale
Appellate Court of Illinois
Error to the County Court of Stephenson county; the Hon. Henry C. Hyde, Judge, presiding. This action was instituted by tbe plaintiff in error before a justice of the peace of Ogle county, to recover of the defendant in error damages for a failure to deliver his crop of clover seed raised in 1879, upon an alleged contract made in September, 1879. The plaintiff in error recovered before the justice and the defendant appealed to the County Court of Ogle comity.
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Error to the County Court of Stephenson county; the Hon. Henry C. Hyde, Judge, presiding. This action was instituted by tbe plaintiff in error before a justice of the peace of Ogle county, to recover of the defendant in error damages for a failure to deliver his crop of clover seed raised in 1879, upon an alleged contract made in September, 1879. The plaintiff in error recovered before the justice and the defendant appealed to the County Court of Ogle comity. The venue was changed to the County Court of Stephenson county, and upon a trial before the court and jury, a verdict and judgment were…
1Opinion of the CourtPillsbury, J.
It is claimed by defendant in error that no recovery can be had by the plaintiff unless he establishes an absolute contract as claimed to exist by him, even though it should appear that the defendant was liable upon his owp theory of the case. In this we can not concur.
One of the objects of the statute in dispensing with written pleadings before justices of the peace, is to enable the parties to obtain a trial upon the merits of the case; and in cases thus commenced and prosecuted, all the evidence introduced bearing upon the real transaction claimed to exist between the parties should be…
2Cases cited4 opinions
- Ruff v. JarrettIllinois Supreme Court · 1880
- Cutler v. CallisonIllinois Supreme Court · 1874
- Protection Life Insurance v. DillIllinois Supreme Court · 1878
- Straubher v. MohlerIllinois Supreme Court · 1875
3Cited by1 opinion
- Sontag v. O'HareAppellate Court of Illinois · 1898