Shaffer v. Currier
Illinois Supreme Court
Daniel Currier sued Shaffer before a justice of the peace. On the trial before the justice, Shaffer recovered a judgment against the plaintiff Currier, for the sum of thirty dollars. Currier took an appeal from the decision of the justice, to the Circuit Court of Ogle county.
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Daniel Currier sued Shaffer before a justice of the peace. On the trial before the justice, Shaffer recovered a judgment against the plaintiff Currier, for the sum of thirty dollars. Currier took an appeal from the decision of the justice, to the Circuit Court of Ogle county. At a special term of the Ogle Circuit Court, held in January, 1852, Wilkinson, Judge, presiding, the cause was tried before a jury; the jury found for the defendant Shaffer, and assessed his damages at the sum of five cents. Thereupon Currier moved for a new trial, which was allowed by the court. Afterwards Currier moved…
1Opinion of the CourtTreat, C. J.
Currier, to the use of Marshall, brought an action against Shaffer before a justice of the peace, which resulted in a judgment in favor of the latter for $30. Currier prosecuted an appeal to the Circuit Court, where the cause was tried, and a verdict returned in favor of Shaffer for five cents. A new trial was granted on his application. The Court then sustained a motion made by Currier, to dismiss the suit at the costs of Shaffer. The judgment for costs against Shaffer was clearly erroneous. Currier being the plaintiff", had an undoubted right to dismiss the suit, but it should have been…
2Cited by4 opinions
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