Briggs v. Adams
Illinois Supreme Court
Appeal from the Circuit Court of Cook county; the Hon.. George MaNierre, Judge, presiding. George Adams instituted suit before a justice of the peace in Cook county, against Silas Briggs and Joel Briggs, for an alleged breach of warranty, upon an exchange of horses.
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Appeal from the Circuit Court of Cook county; the Hon.. George MaNierre, Judge, presiding. George Adams instituted suit before a justice of the peace in Cook county, against Silas Briggs and Joel Briggs, for an alleged breach of warranty, upon an exchange of horses. The suit, while pending before the justice, was dismissed by the plaintiff as to the defendant, Joel Briggs, who had been Served with process, and proceeded to judgment against Silas Briggs, alone, who thereupon appealed to the Circuit Court. In that court, also, judgment was rendered against Silas Briggs, from which he appealed…
1Opinion of the Court
Mr. Chief Justice Catón
delivered the opinion of the Court.
In actions not sounding in tort, when two or more are sued, judgment must be rendered against all who are served, or, if that cannot be, then against none. There are some exceptions to this rule where the defense is personal, as infancy or bankruptcy, which are the most familiar cases. This principle applies as well to actions commenced before justices of the peace, as in courts of record. When one of the defendants had been dismissed from the cause, it rendered it improper to proceed and render judgment against the other, either in…
2Cited by10 opinions
- Edgerton v. Chicago, Rock Island & Pacific Railway Co.Illinois Supreme Court · 1909
- Brown v. First Nat. BankCourt of Appeals for the Eighth Circuit · 1904
- Waugh v. SuterAppellate Court of Illinois · 1878
- Pluard v. GerrityAppellate Court of Illinois · 1909
- Teich v. AyerAppellate Court of Illinois · 1918
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