McDonald v. Judson
Appellate Court of Illinois
Mandamus. — Appeal from the Circuit Court of Cook County; the Hon. Abner Smith, Judge, presiding. Heard in this court at the October term, 1900.
1Opinion of the CourtJustice Sears
The only question presented which it is necessary to determine in disposing of this appeal, is as to the sufficiency of appellant’s plea, i. e., as to the effect of the judgment rendered on February 17, 1900, upon the suit as pending against appellants.
Counsel for appellants contend that the effect of this judgment against two of the defendants was to work a discontinuance as to the other defendants. We regard this contention as sound.
The proceeding for a writ of mandamus is a common law action, and except as may be otherwise provided by statute, it is governed by the rules of common law…
2Cases cited4 opinions
- Davis v. TaylorIllinois Supreme Court · 1866
- Callaghan v. MyersIllinois Supreme Court · 1878
- Vieths v. SkinnerAppellate Court of Illinois · 1893
- Bolton v. PeopleAppellate Court of Illinois · 1901
3Cited by1 opinion
- Lynch v. City of ChicagoAppellate Court of Illinois · 1909