Stainbrook v. Duncan
Appellate Court of Illinois
Appeal from the Circuit Court of Lee County; the Hon. Johu D. Cbabtree, Judge, presiding. On the 27th day of May, 1891, George W. Duncan sold a stock of goods in Dixon, Illinois; to his brother, William C. Duncan, and on the same day William C. Duncan took possession of the store and the stock of goods and commenced selling at retail. On June 5, 1891, Charles II.
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Appeal from the Circuit Court of Lee County; the Hon. Johu D. Cbabtree, Judge, presiding. On the 27th day of May, 1891, George W. Duncan sold a stock of goods in Dixon, Illinois; to his brother, William C. Duncan, and on the same day William C. Duncan took possession of the store and the stock of goods and commenced selling at retail. On June 5, 1891, Charles II. Marshall and Henry E. Patrick, wholesale merchants in Chicago, sued out a writ of attachment from the Circuit Court of La Salle County, against George W. Duncan, and placed it in the hands of George F. Stainbrook, sheriff of Lee…
1Opinion of the Court
Hr. Justice Barker.
Appellant seeks a reversal of the judgment against him because, fjrst, the court erred in proceeding to try the cause without first taking a default against Marshall & Patrick; second, the verdict is against the evidence; third, the court erred in allowing plaintiff’s motion to remit; and fourth, the court incorrectly instructed the jury. "While it is the proper practice to default such of several defendants as have been served and do not plead, and have the jury sivorn to try the issues made up between the plaintiff and such defendants as do plead, yet we are of the…
2Cases cited3 opinions
- Albin v. KinneyIllinois Supreme Court · 1880
- Union Rolling Mill Co. v. GillenIllinois Supreme Court · 1881
- Hatch v. JordonIllinois Supreme Court · 1874
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