Legal Opinion

McBain v. Enloe

Illinois Supreme Court

Decided November 15, 1851PublishedCited by 4 opinions

This was an action of debt, commenced in the Massac Circuit Court, upon the record of a judgment purporting to have been rendered by a Court of Pleas and Quarter Session, in Obion county, Tennessee, wherein James Hoge was plaintiff, and the above-named McBain was defendant, at the January term of said court, A. D. 1835, for the sum of $385.19, and costs of suit.

Read the full summary

This was an action of debt, commenced in the Massac Circuit Court, upon the record of a judgment purporting to have been rendered by a Court of Pleas and Quarter Session, in Obion county, Tennessee, wherein James Hoge was plaintiff, and the above-named McBain was defendant, at the January term of said court, A. D. 1835, for the sum of $385.19, and costs of suit. To this action the defendant filed pleas of payment, and nul tiel record, in the said Massac Circuit Court, at the May term, A. D. 1848, upon which pleas the plaintiff took issue. And at the same term, the cause was removed to the…

1Opinion of the CourtTrumbull, J.

This was an action of debt on a judgment rendered in the State of Tennessee. Pleas nul tiel record, and payment. The suit was commenced in the Massac Circuit Court, and taken, by change of venue, to the Circuit Court of Union county, where it was finally tried, and resulted in a judgment against the defendant below, for six hundred ninety-one dollars and forty cents.

Numerous errors have been assigned for the reversal of the judgment, some of which have no foundation in the record. Such is the character of the seventh error, which is, “ that the court erred in submitting the issue of nul tiel…

2Cited by4 opinions

  1. Glenn v. BrushSupreme Court of Colorado · 1876
  2. Cody v. ButterfieldSupreme Court of Colorado · 1871
  3. Deem v. CrumeIllinois Supreme Court · 1867
  4. Clifford v. DrakeAppellate Court of Illinois · 1883

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API