Legal Opinion

Vail v. Iglehart

Illinois Supreme Court

Decided September 15, 1873PublishedCited by 18 opinions

Appeal from the Superior Court of Cook county; the Hon. William A. Porter, Judge, presiding. This was a petition, filed by Nicholas P. Iglehart against Asa Vail, to restore the record of a judgment which had been destroyed by fire. The opinion of the court states the material points and facts involved in the case.

1Opinion of the CourtJustice Scholeield

The questions arising upon this record, which have been discussed and require our consideration, are two :

1st. What should be alleged and proved to entitle a party in interest to restore the record of a judgment which has been lost or destroyed, when a certified copy thereof can not be obtained ?

2d. What questions can be investigated in a proceeding instituted for that purpose ?

The first section of the act approved March 19, 1872, entitled “An act to provide for the restoration of court records which have been lost or destroyed,” provides that whenever the record of any judgment or decree, or…

2Cases cited1 opinion

  1. Edmiston v. SchwartzSupreme Court of Pennsylvania · 1825

3Cited by18 opinions

  1. Cullen v. StevensIllinois Supreme Court · 1944
  2. McLaughlin v. ReichenbachSupreme Court of Colorado · 1912
  3. People Ex Rel. Kilduff v. BrewerIllinois Supreme Court · 1927
  4. Terry v. GibsonColorado Court of Appeals · 1912
  5. Jansen v. HydeColorado Court of Appeals · 1896

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