Callaghan v. Myers
Illinois Supreme Court
Appeal from, the Circuit Court of Cook county; the Hon. John G. Rogers, Judge, presiding. This was an action of trespass, commenced before a justice of the peace by Myers against the Callaghans and one McLane. Judgment was rendered against all the defendants. An appeal was taken to the circuit court by all the defendants except McLane, and upon trial in that court judgment was recovered against those joining in the appeal.
Read the full summary
Appeal from, the Circuit Court of Cook county; the Hon. John G. Rogers, Judge, presiding. This was an action of trespass, commenced before a justice of the peace by Myers against the Callaghans and one McLane. Judgment was rendered against all the defendants. An appeal was taken to the circuit court by all the defendants except McLane, and upon trial in that court judgment was recovered against those joining in the appeal. Myers claimed to have purchased a lot of books from one Fisk, and while the books were in Myers’ possession they were seized under a writ of attachment sued out by the…
1Opinion of the Court
Mr, Justice Walker
delivered the opinion of the Court:
It is first insisted, that the court erred in trying the case on appeal, without service on defendant McLane. The judgment before the justice of the peace was against him as well as the Callaghans, but he did not join in the appeal, nor was there any process against him from the circuit court, nor did he enter his appearance. But the cause was tried in the circuit court, and a judgment rendered against appellants. The action being trespass, the plaintiff could sue either one or all of the tort feasors. For wrongs in the nature of trespass,…
2Cases cited2 opinions
- O'Keefe v. KelloggIllinois Supreme Court · 1854
- Flinn v. BarlowIllinois Supreme Court · 1854
3Cited by17 opinions
- Kapelski v. Alton & Southern RailroadAppellate Court of Illinois · 1976
- Nordhaus v. Vandalia RailroadIllinois Supreme Court · 1909
- Mudd v. Goldblatt Bros., Inc.Appellate Court of Illinois · 1983
- Rosenthal Bros. v. Kahn Bros.Oregon Supreme Court · 1890
- Dowdey v. PalmerIllinois Supreme Court · 1919
12 more not listed; retrieve them via the Exa API.