Seymour v. Haines
Illinois Supreme Court
Appeal from the Appellate Court for the Second District; —heard in that court on appeal from the Circuit Court of Bock Island county; the Hon. Arthur A. Smith, Judge, presiding.
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Appeal from the Appellate Court for the Second District; —heard in that court on appeal from the Circuit Court of Bock Island county; the Hon. Arthur A. Smith, Judge, presiding. This was a suit originally brought before a justice of the peace of Bock Island county, by Seymour, Morgan & Allen, against Harley Haines, and taken by appeal to the circuit court of Bock Island county, where a trial was had before the court, without a jury, resulting in a finding and judgment for the defendant, which, on appeal, was affirmed by the Appellate Court. The plaintiffs on the trial below sought to recover…
1Opinion of the CourtJustice Walker
Appellee contends, that by filing the transcript of the judgment of the justice of the peace, rendered in 1873, in the office of the clerk of the circuit court, in 1874, it became a judgment of the circuit court, and by operation of law the original judgment of the justice of the peace was merged in the supposed judgment of the circuit court, and ceased to have any force, and therefore no action can be maintained, or judgment recovered on it. We are unable to assent to this proposition. The statute provides, that when such a transcript shall be filed in the circuit clerk’s office, “the…
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- Aarvig ex rel. Olson v. KelloggAppellate Court of Illinois · 1886
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