Martin v. Stubbings
Appellate Court of Illinois
Error to the Superior Court of Cook county; the Hon. Elliott Anthony, Judge, presiding. In this case William H. Stubbings obtained judgment by confession against Cornelia Martin, in the Superior Court of Cook county, for $3,630.83, and costs, and afterward, at the same term of court, the defendant appeared and entered her motion to vacate said judgment, and to be permitted to interpose her defense to the action; which motion was denied, and the defendant brings the record to…
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Error to the Superior Court of Cook county; the Hon. Elliott Anthony, Judge, presiding. In this case William H. Stubbings obtained judgment by confession against Cornelia Martin, in the Superior Court of Cook county, for $3,630.83, and costs, and afterward, at the same term of court, the defendant appeared and entered her motion to vacate said judgment, and to be permitted to interpose her defense to the action; which motion was denied, and the defendant brings the record to this court by writ of error. Said judgment was entered upon a promissory note for $3,411.66, executed by Neal K. Martin…
1Opinion of the CourtBailey, J.
The motion to vacate the judgment in this case having been made in apt time, the only question 'to be considered is, whether the affidavit read in support of the motion disclosed a meritorious defense to the note or any material part of it. If such defense was shown, it was the duty of the court, in the exercise of its equitable jurisdiction over its judgments by confession, to either vacate the judgment, or stay all proceedings thereon, and give the defendant an opportunity to present such defense. Lake v. Cook, 15 Ill. 353; Wyman v. Yeomans, 84 Id. 403 ; Condon v. Besse, 86 Id. 159; Walker…
2Cases cited21 opinions
- Lake v. CookIllinois Supreme Court · 1854
- Crater v. . BiningerNew York Court of Appeals · 1871
- Sprout v. CrowleyWisconsin Supreme Court · 1872
- McSherry v. BrooksCourt of Appeals of Maryland · 1877
- Ross v. CornellCalifornia Supreme Court · 1872
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3Cited by7 opinions
- Martin v. StubbingsIllinois Supreme Court · 1888
- Bank of Carrollton, Miss. v. LattingSupreme Court of Oklahoma · 1913
- Cissna Park State Bank v. JohnsonAppellate Court of Illinois · 1974
- Morgan v. Park National BankAppellate Court of Illinois · 1892
- Ackerman v. BickleyAppellate Court of Illinois · 1928
2 more not listed; retrieve them via the Exa API.