Iglehart v. Morris
Illinois Supreme Court
Writ of Error to the Circuit Court of Cook county; the Hon. George Manierre, Judge, presiding. Buckner S. Morris filed his declaration in the court below against Nichólas P. Iglehart and Charles W. Clayton, on the 2d day of November, 1859, counting upon a promissory note executed by the defendant on the 17th of February, 1859, for $1,540.25, payable sixty days after date, with interest after maturity at ten per cent. per annum.
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Writ of Error to the Circuit Court of Cook county; the Hon. George Manierre, Judge, presiding. Buckner S. Morris filed his declaration in the court below against Nichólas P. Iglehart and Charles W. Clayton, on the 2d day of November, 1859, counting upon a promissory note executed by the defendant on the 17th of February, 1859, for $1,540.25, payable sixty days after date, with interest after maturity at ten per cent. per annum. The damages laid in the declaration were two thousand dollars. The defendant also filed the note sued upon, a cognovit and a warrant of attorney to confess a judgment.…
1Opinion of the CourtJustice Breese
The judgment in this ease was entered on a cognovit, in the Cook Circuit Court. The record was brought here by writ of error, and a reversal sought on the ground that no affidavit was filed of the execution of the note or warrant of attorney, and that the judgment exceeds the amount of the note and interest and attorney’s fee. On the last point, it will be observed the amount of the judgment is within the ad damnum, in the declaration.
In such case we held in the case of Plats v. Turrill et al., 18 Ill. 273, that on a writ of error the judgment will not be reversed. So it was held in Thompson…
2Cases cited2 opinions
- Durham v. BrownIllinois Supreme Court · 1860
- Plato v. TurrillIllinois Supreme Court · 1857