Legal Opinion

O'Conner v. Mullen

Illinois Supreme Court

Decided December 15, 1849PublishedCited by 12 opinions

Mullen commenced this action in the Sangamon county Circuit Court, by capias, causing O’Conner to be held to bail, and filed his declaration in debt. On the 20th day of March, at the March term, 1846, the defendant, O’Conner, being in default, a a writ of inquiry was awarded, and the jury assessed the plaintiff’s damages at two hundred dollars.

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Mullen commenced this action in the Sangamon county Circuit Court, by capias, causing O’Conner to be held to bail, and filed his declaration in debt. On the 20th day of March, at the March term, 1846, the defendant, O’Conner, being in default, a a writ of inquiry was awarded, and the jury assessed the plaintiff’s damages at two hundred dollars. It was thereupon adjudged “ that the plaintiff recover of and from the said defendant the sum of two hundred dollars, for his damages, assessed as aforesaid,” and his costs, &c. This proceeding was before Treat, Judge. An amended record shows, that at…

1Opinion of the Court

Opinion by Mr. Justice Trumbull:

This was an action of debt, commenced by capias, which was duly served upon O’Conner, who was the defendant below. The declaration is upon a bond for the conveyance of land, and claims five hundred dollars debt, and three hundred dollars damages. Judgment was entered by default, a writ of inquiry awarded, and the damages assessed at two hundred dollars; whereupon the Circuit Court, at its March term, 1846, entered judgment that the “ plaintiff recover of and from the defendant the sum of two hundred dollars, for his damages assessed as aforesaid,” but omitted…

2Cases cited1 opinion

  1. Chase v. HathawayMassachusetts Supreme Judicial Court · 1817

3Cited by12 opinions

  1. Pulitzer Publishing Co. v. AllenMissouri Court of Appeals · 1908
  2. Odell v. ReynoldsCourt of Appeals for the Sixth Circuit · 1895
  3. Bryant v. VixIllinois Supreme Court · 1876
  4. Dunham v. South Park CommissionersIllinois Supreme Court · 1877
  5. Ackerman v. PeopleAppellate Court of Illinois · 1902

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