Christie v. Walker
Appellate Court of Illinois
Action of assumpsit. Error to the County Court of Cook County; the Hon. Dwight C. Haven, Judge, presiding. Heard in this court at the October term, 1905. Statement by the Court. April 19, 1905, Walker brought an action in assumpsit against Christie in the County Court. The declaration was filed the same day, accompanied by an affidavit stating the amount claimed to be due at $1,000. May 10, 1905, Christie filed a plea of the general issue.
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Action of assumpsit. Error to the County Court of Cook County; the Hon. Dwight C. Haven, Judge, presiding. Heard in this court at the October term, 1905. Statement by the Court. April 19, 1905, Walker brought an action in assumpsit against Christie in the County Court. The declaration was filed the same day, accompanied by an affidavit stating the amount claimed to be due at $1,000. May 10, 1905, Christie filed a plea of the general issue. Attached thereto is his affidavit that he has a good.defense to a part of said demand, which part is $500, “to the best of this affiant’s judgment and…
1Opinion of the CourtJustice Ball
The motion to vacate the verdict and judgment, and the exception to the action of the court thereon, are not, nor is either of them before us. They have no place in the common law record. To be availed of they must be preserved in a bill of exceptions. This was not done. In Van Cott v. Sprague, 5 Ill. App. 99, this court decided that, “ The record proper in a suit at law consists of the process by which the defendant is brought into court, including the sheriff’s return, the declaration, pleas, demurrer, if there is any; also any judgment upon demurrer, or other judgment, interlocutory or…
2Cases cited8 opinions
- Snell v. Trustees of the Society of the Methodist Episcopal ChurchIllinois Supreme Court · 1871
- Van Cott v. SpragueAppellate Court of Illinois · 1880
- People ex rel. Raymond v. TalmadgeIllinois Supreme Court · 1901
- Blair v. RayIllinois Supreme Court · 1882
- Chicago, Rock Island & Pacific Railway Co. v. Town of CalumetIllinois Supreme Court · 1894
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3Cited by1 opinion
- Klaproth v. GreenbergAppellate Court of Illinois · 1912