Sweetser v. Matson
Illinois Supreme Court
Writ op Error to the Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. George H. Kettelle, Judge, presiding.
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Writ op Error to the Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. George H. Kettelle, Judge, presiding. This was an action on the case, brought by George D. Sweetser and others, co-partners, under the firm name of Sweetser, Pembrook & Co., against Canute R. Matson, sheriff of Cook county, to recover damages for a false return of an execution in favor of the plaintiffs and against the property of Fanton R. Lawlor. At the trial there was little, if any, controversy as to the material facts, those which the evidence tended…
1Opinion of the CourtJustice Bailey
The eighty-seventh section of the statute in relation to practice in courts of record provides, that when any final determination shall be made by the Appellate Court, as the result, wholly or in part, of a finding of the facts concerning the matter in controversy different from the finding of the court from which the cause was brought by appeal or writ of error, it shall be the duty of the Appellate Court to recite in its final order, judgment or decree the facts so found, and the judgment of the Appellate Court shall be final and conclusive as to all matters of fact in controversy in such…
2Cases cited6 opinions
- Kellogg v. GriffinNew York Supreme Court · 1820
- Eberle v. MayerSupreme Court of Pennsylvania · 1829
- Gilmore v. DavisIllinois Supreme Court · 1877
- Berry v. SmithU.S. Circuit Court for the District of Pennsylvania · 1811
- Koren v. RoemheldAppellate Court of Illinois · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Minnich v. GardnerSupreme Court of the United States · 1934
- Frankel v. J. W. Butler Paper Co.Court of Appeals for the Seventh Circuit · 1932
- Fallows v. Continental & Commercial Trust & Savings BankCourt of Appeals for the Seventh Circuit · 1912
- Roth v. SnowAppellate Court of Illinois · 1927