Smith v. Rust
Appellate Court of Illinois
Proceeding to enjoin collection of judgment. Appeal from the Circuit Court of Cook County; the Hon. Edward F. Dunne, Judge, presiding. Heard in this court at the March term, 1903.
1Opinion of the CourtJustice Ball
delivered the opinion of the court. •
Appellant Smith by written lease • demised a certain store, room and basement to Bust and one Batterman for the term of one year from May 1, 1899, for the sum of $1,200, payable in monthly installments of $100 each. The lease contained a warrant of attorney to confess judgment for any rent due and unpaid. The lessees entered into possession and paid a part of the stipulated rent. January 29, 1903, Smith recovered a judgment by confession under the warrant of attorney against Bust for $304.50' for the remainder of the rent due and unpaid, and had execution…
2Cases cited5 opinions
- Wilson v. . DeenNew York Court of Appeals · 1878
- Sanford v. Gates, Townsend & Co.Montana Supreme Court · 1898
- Hunter v. BilyeuIllinois Supreme Court · 1863
- Clark v. HartSupreme Court of Alabama · 1876
- Dunham v. City of New BritainSupreme Court of Connecticut · 1887
3Cited by5 opinions
- American Fruit Product Co. v. BarrettSupreme Court of Minnesota · 1910
- Barrett v. Leyman Motor Co.Court of Appeals of Kentucky (pre-1976) · 1941
- Fitzkee v. HoeflinAppellate Court of Illinois · 1914
- H. C. Whitmer Company v. JordanCourt of Appeals of Kentucky (pre-1976) · 1929
- Fosler v. MillerAppellate Court of Illinois · 1907