Page v. Wallace
Illinois Supreme Court
Writ op Error to the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding. On the 21st day of December, 1876, the defendant in error, Robert W. Wallace, caused a judgment to be entered, by confession, in the Superior Court of Cook county, before the clerk, in vacation, against Benjamin V. Page, William Sprague and Henry H. Honore, for the sum of $7855, upon a promissory note, dated November 27, 1875, signed individually by said Page, Sprague and Honore,…
Read the full summary
Writ op Error to the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding. On the 21st day of December, 1876, the defendant in error, Robert W. Wallace, caused a judgment to be entered, by confession, in the Superior Court of Cook county, before the clerk, in vacation, against Benjamin V. Page, William Sprague and Henry H. Honore, for the sum of $7855, upon a promissory note, dated November 27, 1875, signed individually by said Page, Sprague and Honore, promising to pay to their own order $7760, with ten per cent per annum interest, by them indorsed to John S. Wallace, and…
1Opinion of the CourtJustice Sheldon
The court below appears to have been satisfied from the affidavits (although upon information and belief, as to the usury) that the defendants, upon some terms, should be let in to make that defense. The question presented on the record is, whether the order made by the court below, prescribing the terms upon which the defendants should be admitted to plead such defense, is in accordance with the law and practice in this State.
The order made must have been upon the theory that this was an application to the equitable jurisdiction of the court, and the court would compel the party applying to…
2Cases cited3 opinions
- Fanning v. DunhamNew York Court of Chancery · 1821
- Hibbard v. MuellerIllinois Supreme Court · 1877
- Fleming v. JencksIllinois Supreme Court · 1859
3Cited by5 opinions
- Tyrrell v. HiltonCourt of Appeals of Maryland · 1900
- Bell v. FergusSupreme Court of Arkansas · 1892
- McGuire v. CampbellAppellate Court of Illinois · 1895
- Taylor v. GormanCourt of Appeals of Maryland · 1924
- Milton Sommers, Inc. v. Equitable Bank, National Ass'nCourt of Special Appeals of Maryland · 1988