Legal Opinion

Ernst v. Friedl

Appellate Court of Illinois

Decided January 15, 1901PublishedCited by 3 opinions

Assumpsit, on a due bill. Appeal from the Circuit Court of Cook County; the Hon. Richard W. Clifford, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1900.

1Opinion of the CourtJustice Horton

This suit was commenced before a justice, of the peace by the appelleé against the appellant and one Mathias Schmitz.

The claim, of appellee is upon a due bill given by, and in the name of, the firm of Ernst & Schmitz. The summons issued by the justice of the peace was served upon Ernst but there was no service upon Schmitz. The justice entered judgment against Ernst only, and he prosecuted an appeal to the Circuit Court. The appellee entered a formal appearance in writing in that court. Ho summons was issued, and no appearance of Schmitz was entered in the Circuit Court. Upon the trial in…

2Cited by3 opinions

  1. Antrim v. Guyer & Calkins Co.Appellate Court of Illinois · 1945
  2. Long v. FrankAppellate Court of Illinois · 1904
  3. Budd v. WagnerAppellate Court of Illinois · 1930

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