Ballance v. Loomiss
Illinois Supreme Court
The bill, in this case, seeks to set aside a sale of a quarter section of land and a town lot, made on the 2nd day of November, 1850, by the deputy sheriff of Peoria county, by virtue of an execution in favor of defendants in error against Ballance, plaintiff in error.
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The bill, in this case, seeks to set aside a sale of a quarter section of land and a town lot, made on the 2nd day of November, 1850, by the deputy sheriff of Peoria county, by virtue of an execution in favor of defendants in error against Ballance, plaintiff in error. The bill was filed on the first day of December, A. D. 1851, and alleges (among other matters) the following facts: That the defendants in error recovered a judgment against the plaintiff in error, in the Peoria Circuit Court, on the 3rd day of April, 1850, for the sum of $180.70 and costs of suit, on which an execution was…
1Opinion of the CourtWalker, J.
The. first error assigned is the sustaining a demurrer to that portion of complainant’s bill which sets up and relies upon facts to entitle him to a new trial at law. The bill alleges that defendants had no grounds of recovery in their action at law, and alleges that they were employed to perform the labor by the contractors, and not by complainant; that the verdict and judgment were erroneous and unjust, and that he had attempted to bring the case to this court, but was prevented in consequence of being unable to procure a bill of exceptions so as to file the record, within the time required…
2Cited by9 opinions
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- Hoskins v. HattenbackSupreme Court of Iowa · 1862
- Walker v. KretsingerIllinois Supreme Court · 1868
- Smith v. AllenIllinois Supreme Court · 1872
- Allen v. SmithIllinois Supreme Court · 1874
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