Legal Opinion

Mattoon v. Hinkley

Illinois Supreme Court

Decided January 15, 1864PublishedCited by 5 opinions

Writ of Error to the Circuit Court of Coles county; the Hon. Charles H. Constable, Judge, presiding. This was an action of assumpsit commenced in October, 1859, in the court below, by Philander Hinkley against William Mattoon, and two others, Mattoon alone being served with process.

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Writ of Error to the Circuit Court of Coles county; the Hon. Charles H. Constable, Judge, presiding. This was an action of assumpsit commenced in October, 1859, in the court below, by Philander Hinkley against William Mattoon, and two others, Mattoon alone being served with process. At the October Term, 1859, the defendant Mattoon, filed in the Circuit Court his petition and bond, praying for a removal of the cause into the Circuit Court of the United States for the southern district of Illinois, under the provisions of the judiciary act of 1789, setting forth that the plaintiff was a citizen…

1Opinion of the CourtJustice Breese

The only question we deem it necessary to notice arising on this record is, as to the propriety of the action of the court at the October Term, 1862, at which term the default of the defendant was entered, damages assessed, and final judgment entered.

The record shows that at the .October Term, 1859, the defendant below filed his petition and bond praying for the removal of the cause to the Circuit Court of the United States for the southern district of Illinois, on the ground that the plaintiff was a citizen of this State, and the defendant a citizen of the State of Massachusetts, in…

2Cases cited1 opinion

  1. McKee v. LudwigIllinois Supreme Court · 1862

3Cited by5 opinions

  1. Haywood v. CollinsIllinois Supreme Court · 1871
  2. Reynolds v. AnspachAppellate Court of Illinois · 1883
  3. Newell v. ClodfelterAppellate Court of Illinois · 1878
  4. Coen-Berkson & Co. v. GordonAppellate Court of Illinois · 1935
  5. Fisk v. Union Pacific RailroadDistrict Court, S.D. New York · 1871

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