Crabtree v. Green
Illinois Supreme Court
Writ of Error to the Circyiit Court of Edgar county ; the Hon. Charles H. Constable, Judge, presiding. This was an action of assumpsit commenced by Amos Green and John W. Sheets, against John Crabtree and James Crab-tree, to the April term, 1864, of the Edgar Circuit Court. The facts sufficiently appear from the opinion of the court.
1Opinion of the CourtChief Justice Walker
Court:
This was an action of assumpsit, and the declaration contained a special count, with the common counts. Plaintiffs in error entered a motion to quash the writ, which was overruled, and without defaulting the defendants below, the court proceeded to assess the damages, and rendered judgment in favor of plaintiffs below for $294.42. It is assigned for error, that a default was not taken before the judgment in chief was rendered, and that until a default was taken, the court could not assess damages or render final judgment
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2Cited by8 opinions
- Scales v. MitchellIllinois Supreme Court · 1950
- Toman v. TuftsAppellate Court of Illinois · 1944
- Thomas v. McGuinnessAppellate Court of Illinois · 1901
- Good v. MartinSupreme Court of Colorado · 1871
- Piercy v. PeopleAppellate Court of Illinois · 1882
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