Buntain v. Blackburn
Illinois Supreme Court
This was a proceeding on the chancery side of the Edgar Circuit Court. The record shows, that on the 7th day of December ,1857, Thomas J. Buntain, complainant, filed his bill in said court, praying injunction, etc.
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This was a proceeding on the chancery side of the Edgar Circuit Court. The record shows, that on the 7th day of December ,1857, Thomas J. Buntain, complainant, filed his bill in said court, praying injunction, etc. The bill represents that John W. Blackburn, as administrator of Paul N. Moyer, deceased, who was thereby made defendant to this bill, at the April term of the Edgar Circuit Court, 1857, obtained a judgment, as afterwards set forth, against complainant, for the sum of $89.04, and costs, on which execution had issued against the goods and chattels of complainant, which was in the…
1Opinion of the CourtCaton, C. J.
This case depends entirely on the sufficiency of the bill. If that states such a case as should induce a court of equity to grant a new trial, then undoubtedly, the court erred in dissolving the injunction and dismissing the bill. The circumstances stated in the bill, we think, show a sufficient excuse for not having presented the evidence in a bill of exceptions, so that he could assign for error, the finding of the court upon the evidence. But the misfortune is, that he does not show what the evidence was before the court, on the trial at law. Eor aught that appears, the evidence was…
2Cited by5 opinions
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