Winslow v. Newlan
Illinois Supreme Court
Appeal from the Court of Common Pleas of the city of Aurora; the Hon. E. Gr. Montony, Judge, presiding. This was an action on the case, brought by Thomas Hewlan and James Hennessy, the appellees, against Lawson A. Wins-low and Stephen C. Grillett, the appellants, for deceit, in the Court of Common Pleas of the city of Aurora.
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Appeal from the Court of Common Pleas of the city of Aurora; the Hon. E. Gr. Montony, Judge, presiding. This was an action on the case, brought by Thomas Hewlan and James Hennessy, the appellees, against Lawson A. Wins-low and Stephen C. Grillett, the appellants, for deceit, in the Court of Common Pleas of the city of Aurora. On the trial in the court below, the jury found for the plaintiffs, and assessed their damages at $2,284. A motion for a new trial being overruled, a judgment was rendered upon the verdict. The defendants appealed to this Court.
1Opinion of the CourtJustice Walker
It appears that Hennessy, one of the plaintiffs, entered a motion to dismiss the suit, but the other plaintiff resisted the application, and the motion was overruled. It may be asked, how appellants can assign this for error. They did not enter the motion, and it only was a decision against one of the plaintiffs. If they by collusion procured Hennessy to enter the motion, then it was a fraud upon JSTewian, that the court would not aid in consummating. Again, it may well be doubted whether one of several joint plaintiffs has the power, against the objections of the other, to dismiss a suit,…
2Cases cited2 opinions
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