Legal Opinion

Miller v. Whittaker

Illinois Supreme Court

Decided January 15, 1864PublishedCited by 4 opinions

Writ op Error to the Circuit Court of Logan county; the Hon. David Davis, Judge, presiding. Whittaker exhibited his bill in chancery in the court below, against Miller, for the purpose of rescinding a sale made by the defendant to the complainant of a certain patent right, for the manufacture of iron tomb stones.

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Writ op Error to the Circuit Court of Logan county; the Hon. David Davis, Judge, presiding. Whittaker exhibited his bill in chancery in the court below, against Miller, for the purpose of rescinding a sale made by the defendant to the complainant of a certain patent right, for the manufacture of iron tomb stones. The ground upon which the relief is sought, is the alleged drunkenness of the vendee at the time of the sale, procured through the art and fraud of •the vendor,- in order that he might the more easily induce Whittaker to purchase the right, which is alleged to be of no value, &c.…

1Opinion of the CourtJustice Beckwith

This was a bill in chancery brought to* rescind a sale of a patent right, upon the ground of fraud, and intoxication of the vendee. A decree was rendered in the court below in accordance with the prayer of the bill, from' which one of the defendants appealed. It is the duty of a party bringing a case before us, by appeal or writ of error, to have a transcript of so much of the record certified to this court as will enable us to determine whether the errors of which he complains have intervened or not. We are not at liberty to guess at the contents of the record of the court below, or of any…

2Cited by4 opinions

  1. Adams v. GillIllinois Supreme Court · 1895
  2. Road District No. 3 v. MillerIllinois Supreme Court · 1895
  3. North v. AllesAppellate Court of Illinois · 1893
  4. Ruston v. SonnbergAppellate Court of Illinois · 1903

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