Felsenthal v. Durand
Illinois Supreme Court
Writ oe Error to the Superior Court of Cook County; the Hon. Joseph E. G-ary, Judge, presiding. This was an action in the Superior Court of Cook County, upon a promissory note alleged in the declaration to have been executed by Albert, Benjamin, Jacob, and Isaac Felsenthal, under the name of J. Felsenthal & Sons. Summons was issued against the four above named defendants, and returned served on Albert, Benjamin, and Isaac Felsenthal, and not found as to Jacob Felsenthal.
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Writ oe Error to the Superior Court of Cook County; the Hon. Joseph E. G-ary, Judge, presiding. This was an action in the Superior Court of Cook County, upon a promissory note alleged in the declaration to have been executed by Albert, Benjamin, Jacob, and Isaac Felsenthal, under the name of J. Felsenthal & Sons. Summons was issued against the four above named defendants, and returned served on Albert, Benjamin, and Isaac Felsenthal, and not found as to Jacob Felsenthal. February 3, 1875, default and judgment for the amount of the note were entered against the three defendants served, and no…
1Opinion of the CourtJustice Sheldon
The bill of exceptions shows that at the time the judgment was rendered a plea had been filed on the part of all the defendants in the suit; that there was no default in the respect of filing a plea and affidavit of merits, such as they were, but that the ground of the refusal to set aside the default and judgment was the insufficiency of the plea and affidavit. Admitting the insufficiency of the plea and affidavit, there was no justification for rendering a judgment against three of the defendants alone. In actions on contract against several, when all are served with process, the judgment…
2Cases cited1 opinion
- Gribbin v. ThompsonIllinois Supreme Court · 1862
3Cited by14 opinions
- Seymour v. O. S. Richardson Fueling Co.Illinois Supreme Court · 1903
- Brown v. First Nat. BankCourt of Appeals for the Eighth Circuit · 1904
- Sherburne v. HydeIllinois Supreme Court · 1900
- Hem v. AllenAppellate Court of Illinois · 1913
- Beidler v. RichardsonAppellate Court of Illinois · 1903
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