Legal Opinion

White v. Merrell

Illinois Supreme Court

Decided November 15, 1863PublishedCited by 1 opinion

Appeal from the Circuit Court of Jefferson county: the Hon. Samuel S. Marshall, Judge, presiding. Minerva Merrell commenced an action of assumpsit in the Circuit Court of Marion county, against William White; the cause was removed, on change of venue, into the Circuit Court of Jefferson county. The declaration contained the common money counts only; issues were made up and the cause came on for trial.

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Appeal from the Circuit Court of Jefferson county: the Hon. Samuel S. Marshall, Judge, presiding. Minerva Merrell commenced an action of assumpsit in the Circuit Court of Marion county, against William White; the cause was removed, on change of venue, into the Circuit Court of Jefferson county. The declaration contained the common money counts only; issues were made up and the cause came on for trial. To maintain the issues on her part, the plaintiff introduced in evidence the following instruments: “ Received, Salem, Marion county, Illinois, April 20th, Minerva Merrell, the sum of three…

1Opinion of the CourtJustice Walker

This was an action of assumpsit commenced in Marion and transferred to Jefferson county by change of venue. The declaration only contained the common money counts. On the trial below, the plaintiff read in evidence, against the objections of the defendant, these instruments:

“Received, Salem, Marion county, Illinois, April 20th, Minerva Merrell, the sum of three hundred dollars, to be credited on the mortgage notes of R. C. Merrell, and if not redeemed, the above amount is not to be repaid to claimants of said estate. April 20th, 1861.
“WILLIAM WHITE.”
“ $135.00. Received, Salem, Hlinois, of…

2Cited by1 opinion

  1. Seeger v. Manitowoc Steam Boiler WorksWisconsin Supreme Court · 1903

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