Legal Opinion · Dissent

North Chicago Street Railroad v. Leonard

Illinois Supreme Court

Decided May 11, 1897Published

Appeal from the Appellate Court for the First Distict;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Philip Stein, Judge, presiding.

1DissentChief Justice Phillips

I do not concur in this opinion. A motion for a change of venue made February 3, 1896, petition filed, which stated the knowledge of the prejudice of the judge first came to the petitioner February 3, 1896, and an affidavit attached, the jurat to which states that it was subscribed and sworn to on January 3,1896, on the face of the record and petition show there was a mere clerical error. In Doty v. Colton, 90 Ill. 453, there was an omission to attach the seal of the notary to the jurat, and there was a mistake in the date, and this court held “the mistake in the date of the attestation was a…

2Cases cited4 opinions

  1. Kruse v. WilsonIllinois Supreme Court · 1875
  2. McKenzie v. RemingtonIllinois Supreme Court · 1875
  3. Nichols v. MercerIllinois Supreme Court · 1867
  4. Doty v. ColtonIllinois Supreme Court · 1878

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