Legal Opinion

Smith v. Condon

Appellate Court of Illinois

Decided July 17, 1900PublishedCited by 2 opinions

Assumpsit, on joint contract. Appeal from the Circuit Court of Cook County; the Hon. Elbridge Hanecy, Judge, presiding. Heard in this court at the October term, 1899.

1Opinion of the Court

Mr. Presiding Justice Horton

delivered the opinion of the court.

This is an action in assumpsit. In the declaration filed it is averred that the defendants below, being .the appellee and the Indiana Pacing Association, were jointly liable to appellants. Both of said defendants appeared and .pleaded separately. A jury was waived and the cause submitted to the court for trial. Upon the trial appellants moved the court for leave to dismiss as to said racing association, which motion was sustained, and the suit dismissed as to said association. After hearing all the testimony the court found in…

2Cases cited1 opinion

  1. Fish v. FarwellAppellate Court of Illinois · 1894

3Cited by2 opinions

  1. Erd v. Rapid Transit Co.Appellate Court of Illinois · 1917
  2. Crary v. Jones & Dommersnas Co.Appellate Court of Illinois · 1907

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