Prescott v. Fisher
Illinois Supreme Court
The declaration of plaintiffs consists of three counts in assumpsit, for goods, wares and merchandise, sold and delivered to the said Mary A. Prescott, before she was married to Charles Prescott, in the year 1856, charging the same was sold and delivered to her while she was a feme sole. Damages claimed, $500. Defendants plead the general issue, and issue was joined.
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The declaration of plaintiffs consists of three counts in assumpsit, for goods, wares and merchandise, sold and delivered to the said Mary A. Prescott, before she was married to Charles Prescott, in the year 1856, charging the same was sold and delivered to her while she was a feme sole. Damages claimed, $500. Defendants plead the general issue, and issue was joined. The trial was before a jury, and had in said court, J. M. Wilson, Judge, January, 1859. Robert Rae testified, that he had been one of the attorneys in this cause ; that he called upon Prescott and wife, and presented two bills…
1Opinion of the CourtBreese, J.
The papers in the divorce case of Lloyd v. Lloyd, in which the present defendant, then Mrs. Lloyd, was complainant, were files of the court in which the present action against her and her present husband was tried, and were properly admissible in evidence without any proof—they proved themselves. The bill she filed for a divorce, is to be taken, as an admission by her of the facts therein stated, and consequently, evidence against her in this suit, and constitute an estoppel of record. 2 Smith’s Leading Cases, 687, and the cases there cited. It is not now in her power, nor in that of her…
2Cited by12 opinions
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- City of Peru v. FrenchIllinois Supreme Court · 1870
- Hoffman v. HoffmanAppellate Court of Illinois · 1927
- Standard Brewery v. CreedonIllinois Supreme Court · 1918
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