Consolidated Coal Co. of St. Louis v. Schneider
Appellate Court of Illinois
Assumpsit.—Breach of contract. Appeal from the Circuit Court of St. Clair County; the Hon. Alonzo S. Wilderman, Judge, presiding. Heard in this court at the August term, 1895.
1Opinion of the Court
Mr. Presiding Justice Green
delivered the opinion of the Court.
On behalf of appellant, it is urged that the trial court erred in denying an oral motion made by defendant’s attorney, on behalf of Rowland, one of the plaintiffs, and with his consent to dismiss the suit. This, if an error, is not an error appellant can set up. Our Supreme Court say in Winslow et al. v. Newlan et al., 45 Ill. 147: Hennessy, one of the plaintiffs, entered a motion to dismiss the suit; the other plaintiff resisted the application and the motion was overruled. It may be asked how appellants can assign this for error.…
2Cases cited7 opinions
- Hall v. First National BankIllinois Supreme Court · 1890
- Atkinson v. MorseMichigan Supreme Court · 1886
- Leavers v. ClearyIllinois Supreme Court · 1874
- Wallace v. CurtissIllinois Supreme Court · 1864
- Crown Coal & Tow Co. v. Yoch Coal Mining Co.Appellate Court of Illinois · 1895
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