Legal Opinion

Mundhenke v. Mundhenke

Appellate Court of Illinois

Decided April 27, 1896Published

Assumpsit, upon a promissory note. Appeal from the Circuit Court of Cook County; the Hon. Abner Smith, Judge, presiding.

1Opinion of the CourtJustice Shepard

This cause was tried before a judge of the Circuit Court without a jury, and resulted in a finding of the issues in favor of the defendant (appellee here), and a judgment against the plaintiff (appellant), for costs.

The bill of exceptions, at the conclusion of the evidence, . states as follows:

“ Whereupon the court entered of record a finding for the defendant, in the words and figures following, to wit:

'The court finds the issues for the defendant, and judgment on the finding, and against the plaintiff, for costs of this suit.’

The Cottbt : I will have to find for the defendant.

Mb. JBrowh : I…

2Cases cited3 opinions

  1. Howe v. HarrounIllinois Supreme Court · 1856
  2. Denton v. Central School Supply HouseAppellate Court of Illinois · 1895
  3. Turnock v. WalkerAppellate Court of Illinois · 1894

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