Havens & Geddis Co. v. First National Bank of Pana
Illinois Supreme Court
Appeal from the Appellate Court for the Third District;—heard in that court on appeal from the Circuit Court of Christian county; the Hon. Jacob Fouke, Judge, presiding. This is an appeal from a judgment in the Appellate Court modifying a judgment of the circuit court of Christian county.
Read the full summary
Appeal from the Appellate Court for the Third District;—heard in that court on appeal from the Circuit Court of Christian county; the Hon. Jacob Fouke, Judge, presiding. This is an appeal from a judgment in the Appellate Court modifying a judgment of the circuit court of Christian county. On November 14, 1834, the First National Bank of Pana recovered judgments, by confession in vacation, upon promissory notes, as follows: Three against A. C. Seitz and A. M. Craddick, as partners, composing the firm of Seitz & Craddick, respectively, the first two for §3800 each, including $208.80 attorney’s…
1Opinion of the CourtJustice Wilkin
A cross-motion to strike the original motion from the files was duly entered and overruled. It was insisted by the bank in the Appellate Court that the circuit court erred in so overruling the cross-motion, and that insistence is renewed here. The question is thus raised at the threshold of the case, whether appellants, as judgment creditors of the defendants in the confessed judgments, can, by motion upon any of the alleged grounds, attack such judgments.
Black, in his work, on Judgments, (vol. 1, sec. 293,) speaking of the right of parties to" attack judgments for fraud, says: “Hence a…
2Cases cited4 opinions
- Hier v. KaufmanIllinois Supreme Court · 1890
- Adam v. ArnoldIllinois Supreme Court · 1877
- Campbell v. GoddardIllinois Supreme Court · 1886
- Kellogg v. KeithAppellate Court of Illinois · 1879
3Cited by5 opinions
- Vella v. PourAppellate Court of Illinois · 1946
- Cassem v. BrownAppellate Court of Illinois · 1898
- Charlesworth v. SmithAppellate Court of Illinois · 1947
- Chase v. TuckwoodAppellate Court of Illinois · 1899
- Chicago Tip & T. Co. v. Chicago National BankAppellate Court of Illinois · 1898