Legal Opinion

Utley v. Burns

Illinois Supreme Court

Decided September 15, 1873PublishedCited by 4 opinions

Writ op Error to the Circuit Court of Whiteside county; the Hon. William W. Heaton, Judge, presiding. This was an action on the case, by Fanny B. Burns against Henry Utley, to recover damages for an alleged unskillful treatment of a broken arm of the plaintiff. A trial was had, resulting in a verdict and judgment in favor of the plaintiff for §800. The defendant brings the record to this court on writ of error.

1Opinion of the CourtJustice Sheldon

This Was an action, brought by the plaintiff below, to recover from the defendant, a physician and surgeon, damages for his alleged unskillful treatment of a fractured arm of the plaintiff. The plaintiff recovered, and the defendant brings this writ of error to reverse the judgment.

It is assigned for error that the court erred in overruling defendant’s motion for a change of venue. The term of the court commenced on the 10th day of June, and the motion was not made until the 17th of June. The petition stated that the knowledge of the cause for the change of venue did not come to the…

2Cases cited2 opinions

  1. Ritchey v. WestIllinois Supreme Court · 1860
  2. Hunt v. TinkhamIllinois Supreme Court · 1859

3Cited by4 opinions

  1. Force v. GregorySupreme Court of Connecticut · 1893
  2. McKee v. AllenAppellate Court of Illinois · 1901
  3. Haskins v. PeopleAppellate Court of Illinois · 1884
  4. Whitesell v. HillSupreme Court of Iowa · 1897

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