Consolidated Coal Co. v. Peers
Illinois Supreme Court
Appeal from the Appellate Court for the Fourth District;—heard in that court on appeal from the Circuit Court of Madison county; the Hon. Benjamin R. Burroughs, Judge, presiding. This suit originated in the Madison circuit court.
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Appeal from the Appellate Court for the Fourth District;—heard in that court on appeal from the Circuit Court of Madison county; the Hon. Benjamin R. Burroughs, Judge, presiding. This suit originated in the Madison circuit court. The declaration is in assumpsit, and charges, in substance, that on December 17, 1870, Joshua S. Peers and others, the plaintiffs, (appellees here,) were the owners of coal underlying certain described lands, and by a lease in writing and under seal leased to the Abbey Coal and Mining Company, for the term, of twenty-five years, the sole and exclusive right of mining…
1Opinion of the CourtJustice Baker
There are some circumstances under which the court may properly strike a plea from the files,—and this even when it presents a good defense to the action; and therefore, when the record does not show upon what ground the action of the court was based, it will be presumed, in favor of the ruling of the court, that sufficient cause to justify its action was made to appear. (Fanning v. Russell, 81 Ill. 398.) Here, however, the motion and the proceedings had thereon are preserved in a bill of exceptions, and it is thereby shown that the plea was stricken from the files and judgment by nil dicit…
2Cases cited10 opinions
- Dean v. WalkerIllinois Supreme Court · 1882
- Sexton v. Chicago Storage Co.Illinois Supreme Court · 1889
- Port v. JacksonNew York Supreme Court · 1819
- Comstock v. HittIllinois Supreme Court · 1865
- Campbell v. ShrumSupreme Court of Pennsylvania · 1834
5 more not listed; retrieve them via the Exa API.
3Cited by61 opinions
- Harley v. Magnolia Petroleum Co.Illinois Supreme Court · 1941
- Mann v. . Munch BreweryNew York Court of Appeals · 1919
- Kokernot v. CaldwellCourt of Appeals of Texas · 1950
- Englestien v. MintzIllinois Supreme Court · 1931
- Montgomery Ward & Co. v. WetzelAppellate Court of Illinois · 1981
56 more not listed; retrieve them via the Exa API.