Zimmerman v. Zimmerman
Illinois Supreme Court
This action was originally brought before a justice of the peace of Jackson county upon a note of hand, who rendered judgment in favor of tlm-phiirrti-ff for twenty dollars and thirty-nine cents, from which the plaintiff took an appeal to the circuit court.
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This action was originally brought before a justice of the peace of Jackson county upon a note of hand, who rendered judgment in favor of tlm-phiirrti-ff for twenty dollars and thirty-nine cents, from which the plaintiff took an appeal to the circuit court. At the May term, 1851, of the circuit court, the cause was tried before W. A. Denning, circuit judge, without a jury, who rendered a judgment in favor of the plaintiff below for forty dollars and ninety cents and costs, to reverse which this writ of error is brought. The bill of exceptions shows that upon the trial the plaintiff offered in…
1Opinion of the CourtCaton, J.
It was not competent to show by parol evidence that the justice of the peace intended to enter a different judgment from the one which he recorded in his docket. It is as important that the records of justices’ judgments should remain immutable and constitute the sure evidence of their adjudications, as of the higher courts. Upon the faith and stability of those records rights are acquired, and transactions based, as well as of other courts, and they should be relied upon as confidently. If a justice of the peace may record one judgment in his docket, and then years after come up and overturn…
2Cited by10 opinions
- Stanton v. KenrickIndiana Supreme Court · 1893
- Wenom v. FossickIllinois Supreme Court · 1904
- Leslie v. BonteIllinois Supreme Court · 1889
- Bronte v. LeslieAppellate Court of Illinois · 1889
- Payne v. TaylorAppellate Court of Illinois · 1890
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