Legal Opinion
Thatcher v. Maack
Appellate Court of Illinois
Decided January 4, 1881PublishedCited by 3 opinions
Appeal from the County Court of Cook county; the lion. Mason B. Loomis, Judge, presiding.
1Opinion of the CourtMcAllister, P. J.
We are of opinion that although the execution was fair on its face, yet the plaintiff" being a stranger and showing in himself a title which was good as against Bank, the defendant in the execution, it was necessary for the constable to show that the execution was supported by a valid judgment. Martyn v. Podger, 5 Burrows, 2,631; Ackworth v. Kemper, 1 Doug. 41; High v. Wilson, 2 Johnson, 46; Parker v. Walrod, 16 Wend. 514.
The point is made that the docket of the justice was inadmissible in evidence, on account of the interlineation made, showing the date of the judgment. We do not think the…
2Cases cited4 opinions
- Parker v. WalrodCourt for the Trial of Impeachments and Correction of Errors · 1836
- Garfield v. DouglassIllinois Supreme Court · 1859
- Adams v. BetzSupreme Court of Pennsylvania · 1833
- Booth v. McQueenMichigan Supreme Court · 1843
3Cited by3 opinions
- County of Du Page v. MartinAppellate Court of Illinois · 1891
- Mills v. TalbottSupreme Court of Kansas · 1901
- Saterlee v. HickmanAppellate Court of Illinois · 1890