Schlump v. Reidersdorf
Illinois Supreme Court
This was a suit commenced before a justice of the peace by-John P. Reidersdorf against Schlump. Judgment was rendered by the justice of the peace in favor of Reidersdorf, for sixty-two dollars anch twenty eight cents. Schlump appealed to the Circuit Court of Jo Daviess county.
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This was a suit commenced before a justice of the peace by-John P. Reidersdorf against Schlump. Judgment was rendered by the justice of the peace in favor of Reidersdorf, for sixty-two dollars anch twenty eight cents. Schlump appealed to the Circuit Court of Jo Daviess county. At the appearance term of the Circuit Court, the plaintiff was notified that the defendant would make his application for a change of venue in said suit, and on Tuesday, the 22nd day of October, 1861, being the second day of said term, the defendant filed his petition for a change of venue in said cause, which avers…
1Opinion of the Court
Catón, C. J.
The statute regulating proceedings for a change of venue, requires a petition and an affidavit, stating the truth of the facts relied upon to sustain the petition. If the petition is a part of the record, the affidavit is not, and can only be brought into the record by a bill of exceptions, and this requirement of the law cannot be evaded by stating in the petition all the necessary facts to require a change of venue and swearing to that, and thus get the affidavit into the record without a bill of exceptions. Here the affidavit is not embodied in the bill of exceptions, and…
2Cited by7 opinions
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- Bedee v. PeopleIllinois Supreme Court · 1874
- Tindall v. Chicago & Northwestern Railway Co.Appellate Court of Illinois · 1916
- Macierz Polska of United States of North America v. K. B. CzarneckiIllinois Supreme Court · 1916
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