Legal Opinion

Dunlap v. Smith

Illinois Supreme Court

Decided June 15, 1851PublishedCited by 2 opinions

The facts of this case, and the judgment rendered upon it, will be found, ante page 184. After the decision in this Court had been returned to the Sangamon Circuit, Dunlap entered his motion, that satisfaction of said judgment be entered, to the extent of twenty-eight thousand one hundred and twenty-seven dollars and thirty-five cents, or such part thereof as he may be entitled to a credit for, and in support of said motion, filed an agreement of the parties, made since the…

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The facts of this case, and the judgment rendered upon it, will be found, ante page 184. After the decision in this Court had been returned to the Sangamon Circuit, Dunlap entered his motion, that satisfaction of said judgment be entered, to the extent of twenty-eight thousand one hundred and twenty-seven dollars and thirty-five cents, or such part thereof as he may be entitled to a credit for, and in support of said motion, filed an agreement of the parties, made since the rendition of said judgment; whereupon the plaintiff, in resistance of said motion, produced in evidence the record of…

1Opinion of the CourtTrumbull, J.

This same case came before the Court at its last term, at Springfield, and the amount of Dunlap’s liability was fixed by the decision made at that time.

He now claims the right to discharge the judgment then entered against him in the notes and certificates of the Bank, which is the only question now involved in the case. In determining this question, it becomes important to look to the nature and origin of Dunlap’s indebtedness, and also to the laws in force at the time it was incurred.

On the 22d of December, 1842, the Legislature passed “An act in relation to the State Bank of Illinois and…

2Cited by2 opinions

  1. State v. Nashville Savings BankTennessee Supreme Court · 1885
  2. Kennedy v. First National BankSupreme Court of Alabama · 1894

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