Legal Opinion

Hunter v. Empire State Surety Co.

Appellate Court of Illinois

Decided March 11, 1915No. Gen. No. 20,393PublishedCited by 3 opinions

Error to the Municipal Court of Chicago; the Hon. John J. Rooney, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1913.

1Opinion of the Court

Mr. Presiding Justice Fitch

delivered the opinion of the court.

In the opinion filed by the Supreme Court (Hunter v. Empire State Surety Co., 261 Ill. 335), the court held that the constitutional questions raised by plaintiffs in error are not involved in this suit, for the reason that the proceedings and judgment in the replevin suit, even if erroneous, were not void and cannot be • collaterally attacked in this suit on the replevin bond.

It is urged that the trial court erred in admitting in evidence the order—called by counsel for plaintiffs in error an “expanded judgment”—entered in the…

2Cases cited10 opinions

  1. Libby, McNeill & Libby v. CookIllinois Supreme Court · 1906
  2. Wilkinson v. PeopleIllinois Supreme Court · 1907
  3. Chicago, Milwaukee & St. Paul Railway Co. v. WalshIllinois Supreme Court · 1894
  4. Wetzel v. FirebaughIllinois Supreme Court · 1911
  5. Gebbie v. MooneyIllinois Supreme Court · 1887

5 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Wallace Grain & Supply Co. v. CaryAppellate Court of Illinois · 1940
  2. Sinnock v. MarneyAppellate Court of Illinois · 1928
  3. Abramowitz v. LangknechtAppellate Court of Illinois · 1915

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