Wade v. Wade
Illinois Supreme Court
This was a hill in chancery filed by appellant in the Eranldin Circuit Court, but the judge of that Circuit having been of counsel for one of the parties, the venue was changed to Perry county, where by consent of parties, the cause was heard by S. Breese, Esq., sitting as Judge, and a decree was pronounced dismissing the bill at the cost of complainant, at October term, 1850. The bill shows that ¡Nelson Wade, one of the respondents, recovered a j udgment against the…
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This was a hill in chancery filed by appellant in the Eranldin Circuit Court, but the judge of that Circuit having been of counsel for one of the parties, the venue was changed to Perry county, where by consent of parties, the cause was heard by S. Breese, Esq., sitting as Judge, and a decree was pronounced dismissing the bill at the cost of complainant, at October term, 1850. The bill shows that ¡Nelson Wade, one of the respondents, recovered a j udgment against the complainant on the 3d of September, 1845, in the Franklin Circuit Court, for the sum of $843 75. That before and at the time of…
1Opinion of the CourtCaton, J.
Ho satisfactory reason is shown by this bill, why the complainant did not set off his note in the action at law in which the judgment was obtained against him. The reason which he assigns for not having done so is, that he “searched diligently among his papers and could not find said note, for the reason that the same was mislaid.” If this was not sufficient to lay the foundation for the admission of secondary evidence of the contents of the note, it was certainly in his power, by making a more thorough search to have done so. His own oath was sufficient for this purpose, and he does not…
2Cited by5 opinions
- Becker v. QuiggIllinois Supreme Court · 1870
- Metcalf v. MetcalfAppellate Court of Illinois · 1920
- Baker v. WeaverOhio Circuit Courts · 1885
- Baker v. WeaverDarke Circuit Court · 1885
- Farrand v. YatesAppellate Court of Illinois · 1928