Legal Opinion

Edwards v. Edwards

Illinois Supreme Court

Decided April 15, 1863PublishedCited by 8 opinions

Appeal from the Circuit Court of Mercer county; the Hon. Aarok Tyler, Judge, presiding. This was an action of debt upon an injunction bond, instituted in the Circuit Court, by George J. Edwards, Robert A. Edwards and James M. Mannon, for the use of George J. Edwards, against James 0. Edwards and Lewis W. Thompson.

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Appeal from the Circuit Court of Mercer county; the Hon. Aarok Tyler, Judge, presiding. This was an action of debt upon an injunction bond, instituted in the Circuit Court, by George J. Edwards, Robert A. Edwards and James M. Mannon, for the use of George J. Edwards, against James 0. Edwards and Lewis W. Thompson. It appears from the declaration, that, at the September term, 1857, of the Circuit Court of Rock Island county, George J. Edwards recovered a judgment in an action of ejectment against James O. Edwards, for certain lands situate in Mercer county. On the 20th of February, 1860, a…

1Opinion of the Court

Mr. Chief Justioe OatoN

delivered the opinion of the Court.

We have decided the main question here presented in Brown v. Gorton, ante, 416, and shall spend no more time with it now. There are some questions presented, we presume, as make-weights upon the assessment of damages. One is, that the jury was sworn to try issues, instead of to assess the damages. As the defendants were present, and contested the assessment of damages, and took a bill of exceptions, they should have objected to the form of the oath, so that the proper oath could have been administered.

• The principal question, however,…

2Cited by8 opinions

  1. Rice v. CookCalifornia Supreme Court · 1891
  2. Estell v. MyersMississippi Supreme Court · 1876
  3. Stone v. Hunter Tract Improvement Co.Washington Supreme Court · 1912
  4. Allen v. BrownNew York Supreme Court · 1872
  5. Fleming v. BaileyMississippi Supreme Court · 1870

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