Legal Opinion

Smith v. Dazey

Appellate Court of Illinois

Decided February 1, 1906PublishedCited by 2 opinions

Judgment by confession. Appeal from the Circuit Court of Shelby County; the Hon. Truman E. Ames, Judge, presiding. Heard in this court at the November term, 1905.

1Opinion of the Court

Mr. Presiding Justice Puterbaugh

delivered the opinion of the court.

In this case a judgment was entered on June 30, 1904, by the clerk of the County Court of Shelby county, in vacation, for $68.15, in favor of appellee, against appellants on a judgment note, the judgment including a $25 attorney fee. Afterwards, on July 13, 1904, in term time, defendants moved the court to set aside and vacate this judgment and to stay execution and allow the defendants to plead. The motion was supported by the affidavits of the makers of the note, stating that the note upon which the judgment had been…

2Cases cited4 opinions

  1. Borchsenius v. CanutsonIllinois Supreme Court · 1881
  2. Packer v. RobertsIllinois Supreme Court · 1891
  3. Sherman v. BaddelyIllinois Supreme Court · 1850
  4. Burwell v. OrrIllinois Supreme Court · 1877

3Cited by2 opinions

  1. Morris v. TaylorAppellate Court of Illinois · 1916
  2. First National Bank v. SeassAppellate Court of Illinois · 1910

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