Johnson v. Bright
Illinois Supreme Court
This was an action of covenant brought upon a sealed instru-' ment, being a certificate under the seal of Johnson, who was the defendant below, that he had employed Amos F. Culver and Hiram Bright, to prosecute an action of ejectment to recover certain property therein described, and that he had agreed to pay said Culver & Bright, as fees, the value of one half of said property, or one half of said property as they, (Culver & Bright,) should elect, providing they recovered…
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This was an action of covenant brought upon a sealed instru-' ment, being a certificate under the seal of Johnson, who was the defendant below, that he had employed Amos F. Culver and Hiram Bright, to prosecute an action of ejectment to recover certain property therein described, and that he had agreed to pay said Culver & Bright, as fees, the value of one half of said property, or one half of said property as they, (Culver & Bright,) should elect, providing they recovered said property. The declaration sets up the agreement, and charges, that they, Culver & Bright, had commenced the suits in…
1Opinion of the CourtScates, J.
Culver & Bright, brought an action of covenant against Johnson upon a sealed agreement. Before the issues were formed, an affidavit of Culver’s death was filed, and thereupon a suggestion of record entered, then a demurrer previously filed was argued and overruled; pleas filed, and cause continued. In all these proceedings and pleadings, no change was made in the entitling of the cause, but Culver’s name was continued.
On the next term, the court ordered that the cause proceed in the name of Bright; a trial was had; verdict for plaintiff Bright below; a new trial, and leave to amend.
An amended…
2Cited by1 opinion
- LaFramboise v. GrowIllinois Supreme Court · 1870