Metzger v. Morley
Illinois Supreme Court
Appeal from the Appellate Court for the Third District;—heard in that court on appeal from the Circuit Court of DeWitt county; the Hon. W. G. Cochrane, Judge, presiding. This is an action of assumpsit, brought by the appellee, Stephen K. Morley, against the appellants, William Metzger and Richard Snell. The plea of non-assumpsit and certain special pleas were filed.
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Appeal from the Appellate Court for the Third District;—heard in that court on appeal from the Circuit Court of DeWitt county; the Hon. W. G. Cochrane, Judge, presiding. This is an action of assumpsit, brought by the appellee, Stephen K. Morley, against the appellants, William Metzger and Richard Snell. The plea of non-assumpsit and certain special pleas were filed. Some of the special pleas were demurred to, and the demurrers thereto were sustained; but the demurrer to the fourth special plea was overruled. The pleas, to which the demurrers were sustained, were amended, and demurred to as…
1Opinion of the CourtJustice Magruder
The only question presented by this record is, whether or not the Appellate Court erred in dismissing the appeal from the circuit court. The order of the Appellate Court dismissing the appeal does not recite the reasons for such dismissal, but the record of the Appellate Court shows the written motion of the appellee for the dismissal of the appeal, and also shows the reasons in writing upon which the motion was based. (Randolph v. Emerick, 13 Ill. 344; Moore v. Williams, 132 id. 591). The main reason, urged in favor of the dismissal of the appeal, as embodied in writing in the motion…
2Cases cited4 opinions
- Faulk v. KellumsIllinois Supreme Court · 1870
- Martin v. BarnhardtIllinois Supreme Court · 1865
- Randolph v. EmerickIllinois Supreme Court · 1851
- Alton Lime & Cement Co. v. CalveyAppellate Court of Illinois · 1892
3Cited by18 opinions
- Metropolitan Trust Co. v. YoungIllinois Supreme Court · 1953
- Moore v. ShookIllinois Supreme Court · 1916
- Neyens v. FlesherIndiana Court of Appeals · 1907
- Hayes v. Industrial CommissionIllinois Supreme Court · 1943
- Townsend v. Postal Benefit Ass'nAppellate Court of Illinois · 1931
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