Buckner v. Thompson
Illinois Supreme Court
This agreed case shows, that two actions were brought by Thompson against Buckner, on the same day, and returnable before a justice of the peace on the same day. One of the cases was called, and Buckner pleaded payment and an off-set. The justice rendered judgment for Buckner for costs. The other suit was then called; when Buckner pleaded the former suit in bar of this. Thompson prayed an appeal to the Circuit Court of McHenry, in both suits.
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This agreed case shows, that two actions were brought by Thompson against Buckner, on the same day, and returnable before a justice of the peace on the same day. One of the cases was called, and Buckner pleaded payment and an off-set. The justice rendered judgment for Buckner for costs. The other suit was then called; when Buckner pleaded the former suit in bar of this. Thompson prayed an appeal to the Circuit Court of McHenry, in both suits. The first suit was tried before a jury, and Buckner recovered a judgment of thirty dollars against Thompson. The present suit was then tried by the…
1Opinion of the Court
Opinion by Mr. Justice Catón :
Two suits were commenced by Thompson against Buckner, before a justice of the peace, upon two notes, the amount of which, when consolidated, exceeded one hundred dollars; but it appeared upon a trial in the Circuit Court, to which they were appealed, that the defendant below had a set-off, which was applied in the first suit, to a greater amount than the note upon which that suit was brought. It was insisted that the first suit was a bar to the second; but the Circuit Court decided otherwise, and we think correctly. By sec. 35, chap. 59, R. S., it is provided, “…
2Cited by6 opinions
- Nickerson v. RockwellIllinois Supreme Court · 1878
- Freeman v. PeopleIllinois Supreme Court · 1870
- Flat Top Grocery Co. v. McClaughertyWest Virginia Supreme Court · 1899
- Mallock v. KromeIllinois Supreme Court · 1875
- Pearson v. BunkerAppellate Court of Illinois · 1889
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