Nickerson v. Rockwell
Illinois Supreme Court
Appeal from the Circuit Court of Cook county; the Hon. W. K. McAllister, Judge, presiding. The appellee, Rockwell, holding two promissory notes against appellant, both past due, commenced, on the same day and at the same time, two suits before a justice of the peace against Nickerson upon said notes, one suit upon each note, and the justice numbered said suits upon his docket in the order in which the writs were actually written, although otherwise they were commenced at the…
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Appeal from the Circuit Court of Cook county; the Hon. W. K. McAllister, Judge, presiding. The appellee, Rockwell, holding two promissory notes against appellant, both past due, commenced, on the same day and at the same time, two suits before a justice of the peace against Nickerson upon said notes, one suit upon each note, and the justice numbered said suits upon his docket in the order in which the writs were actually written, although otherwise they were commenced at the same time. In the suit bearing the lowest docket number, judgment was rendered by said justice in favor of said…
1Opinion of the CourtJustice Baker
The question of the proper construction to be given to sec. 49, of chap. 79, Rev. Stat. 1874, is raised by the assignment of errors in this case. That section reads as follows:
“ In all suits which shall be commenced before a justice of the peace, each party shall bring forward all his demands against the other, existing at the time of the commencement of the suit, which are of such a nature as to be consolidated, and which do not exceed $200 when consolidated into one action or defense; and on refusing or neglecting to do so, shall forever be debarred from suing therefor.”
It will be noticed,…
2Cases cited5 opinions
- Lucas v. Le CompteIllinois Supreme Court · 1866
- Casselberry v. ForquerIllinois Supreme Court · 1862
- Camp v. MorganIllinois Supreme Court · 1859
- Buckner v. ThompsonIllinois Supreme Court · 1850
- Mallock v. KromeIllinois Supreme Court · 1875
3Cited by13 opinions
- Underground Construction Co. v. Sanitary DistrictIllinois Supreme Court · 1937
- Eastland County v. DavissonTexas Commission of Appeals · 1929
- Dulaney v. PayneIllinois Supreme Court · 1882
- Lewers & Cooke, Ltd. v. RedhouseHawaii Supreme Court · 1902
- Rosenstein v. HynsonCourt of Appeals of Maryland · 1929
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