Legal Opinion

Harding v. Horton

Appellate Court of Illinois

Decided December 6, 1898Published

Debt, on an appeal bond. Trial in the Superior Court of Cook County; the Hon. Philip Stein, Judge, presiding. Judgment for plaintiff upon demurrer. Appeal by defendant.

1Opinion of the Court

Mb. Pbesiding Justice Windes

delivered the opinion of the court.

Appellant claims it was error, first, to strike from the files the pleas of non est factum and performance; second, to sustain the demurrer to the other two pleas; third, to proceed • with the assessment of damages without defaulting defendant; fourth, to refuse to admit in evidence the transcript of proceedings in the Appellate Court; fifth, to refuse the propositions of law asked by appellant; sixth, to include in the judgment costs shown by .the Circuit Court transcript offered in evidence.

1st. The two pleas, other than those…

2Cases cited3 opinions

  1. Vinyard v. BarnesIllinois Supreme Court · 1888
  2. Cook v. KingAppellate Court of Illinois · 1880
  3. Phoenix Insurance v. HedrickAppellate Court of Illinois · 1898

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