Forsyth v. Vehmeyer
Appellate Court of Illinois
Memorandum.—Action of debt. In the Superior Court of Cook County; the Hon. John Barton Payne, Judge, presiding. The opinion states the pleadings; trial by the court without a jury; judgment for plaintiff; appeal by defendant. Heard in this court at the October term, 1894.
1Opinion of the CourtJustice Gary
This is an action of debt, the declaration of the appellee alleging that about the 29th day of July, 1871, he recovered a judgment in the Superior Court against the appellant for sums named, and that the record was destroyed by fire.
To this the appellant pleaded, first, that there is not and never was any record of the judgment remaining in the court, and second a discharge in bankruptcy.
The appellee replied that there is such record remaining, etc. And to the discharge, that the judgment was founded upon a fraud described.
The case was tried without a jury, and one question on this record is…
2Cases cited6 opinions
- Fort Dearborn Lodge No. 214 v. KleinIllinois Supreme Court · 1885
- Kitson v. FarwellIllinois Supreme Court · 1890
- Higgins v. LeeIllinois Supreme Court · 1855
- Miller v. MetzgerIllinois Supreme Court · 1855
- Kitson v. FarwellAppellate Court of Illinois · 1889
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3Cited by2 opinions
- Forsyth v. VehmeyerIllinois Supreme Court · 1898
- Forsyth v. VehmeyerAppellate Court of Illinois · 1898