Leathe v. Thomas
Illinois Supreme Court
Writ or Error to the Appellate Court for the Fourth District;—heard in that court on appeal from the Circuit Court of St. Clair county; the Hon. M. W. Schaefer, Judge, presiding. The plaintiff in error brought suit in the circuit court of St. Clair county against the defendant in error upon two judgments, aggregating the sum of $3202.38, rendered in his favor by the circuit court of the city of St. Louis, State of Missouri, against the defendant in error.
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Writ or Error to the Appellate Court for the Fourth District;—heard in that court on appeal from the Circuit Court of St. Clair county; the Hon. M. W. Schaefer, Judge, presiding. The plaintiff in error brought suit in the circuit court of St. Clair county against the defendant in error upon two judgments, aggregating the sum of $3202.38, rendered in his favor by the circuit court of the city of St. Louis, State of Missouri, against the defendant in error. The defendant in error did not contest the validity of the judgments, but filed a set-off and sought judgment against plaintiff in error.…
1Opinion of the Court
Per Curiam :
It is first contended that the judgment exceeds the ad damnum of the pleas upon which judgment was rendered in favor of the defendant in error. The attention of the trial court was not challenged, by exception or otherwise, to the fact that the amount found by the referee to be due the defendant in error, and for which amount he recommended that defendant in error have judgment, exceeded the amount of the ad damnum of the pleas. Had the court’s attention been called to that fact the pleas could readily have been amended and the error avoided. In Butler v. Cornell, 148 Ill. 276, it…
2Cases cited7 opinions
- Hanley v. DonoghueSupreme Court of the United States · 1885
- Metcalf v. WatertownSupreme Court of the United States · 1894
- Mineral Point Railroad v. BarronIllinois Supreme Court · 1876
- Metropolitan Accident Ass'n v. FroilandIllinois Supreme Court · 1896
- Chicago & Alton Railroad v. Wiggins Ferry Co.Supreme Court of the United States · 1887
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3Cited by6 opinions
- Kewanee National Bank v. LaddAppellate Court of Illinois · 1912
- Schaefer v. DippelAppellate Court of Illinois · 1928
- Julius Levin Co. v. RosenfieldAppellate Court of Illinois · 1923
- Stauber v. StauberAppellate Court of Illinois · 1920
- Chisholm v. First National BankAppellate Court of Illinois · 1914
1 more not listed; retrieve them via the Exa API.