Trowbridge v. Seaman
Illinois Supreme Court
This was an action of assumpsit, brought by the appellee against the appellants, in the Circuit Court of Adams county. At the June term of said court, 1858, Sibley, Judge, presiding, a judgment was rendered by default against the appellants, and in favor of the appellee, for $2,762.50 damages. Said damages were assessed by the clerk under an order of the court.
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This was an action of assumpsit, brought by the appellee against the appellants, in the Circuit Court of Adams county. At the June term of said court, 1858, Sibley, Judge, presiding, a judgment was rendered by default against the appellants, and in favor of the appellee, for $2,762.50 damages. Said damages were assessed by the clerk under an order of the court. A summons issued in said cause was duly served on the appellants, more than ten days before the commencement of said June term of said court, but they did not appear. The declaration contains six special, and the usual common counts.…
1Opinion of the CourtCaton, C. J.
This action was upon several promissory notes payable “ in currency.” A judgment by default was entered, and the clerk assessed the damages. The objection taken is, that the notes being payable in currency, the clerk could not assess the damages, but that a jury should have been called for that purpose. This same question was raised and decided by this court, in the case of Swift v. Whitney, 20 Ill. R. 144, where it was held, that a note payable in currency was in legal contemplation payable in money, and that it was not necessary that a jury should be called to assess the damages. We do not…
2Cited by3 opinions
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