Legal Opinion

White v. Murtland

Illinois Supreme Court

Decided January 15, 1874PublishedCited by 40 opinions

Writ of Error to the Circuit Court of McDonough county; the Hon. Chauncey L. Higbee, Judge, presiding. This was an action on the ease, by Murtland, as father, against White, the plaintiff in error, for debauching, getting with child Margaret Ann Murtland. the infant daughter of the former, and causing an abortion, whereby she became sick, the father lost her services and was put to trouble and expense in caring for and curing her.' The suit was commenced by capias from the…

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Writ of Error to the Circuit Court of McDonough county; the Hon. Chauncey L. Higbee, Judge, presiding. This was an action on the ease, by Murtland, as father, against White, the plaintiff in error, for debauching, getting with child Margaret Ann Murtland. the infant daughter of the former, and causing an abortion, whereby she became sick, the father lost her services and was put to trouble and expense in caring for and curing her.' The suit was commenced by capias from the McDonough circuit court, February 2, 1872. On return of not found, an attachment in aid was sued out February 9, 1872,…

1Opinion of the CourtJustice McAllister

We are of opinion that the application made by plaintiff in error, at the August term, 1872, for a change of venue, Avas properly overruled.

The suit Avas commenced on the 2d day of February, 1872, by capias returnable to the March term, same year. In determining Avhether this court will reverse for even an apparent error, it is competent for the court to look into the Avhole record. The record conclusively shows that the reason Avhy defendant below did not know the suit Avas commenced, in time to have made the application at the March term, Avhen it could have been made, was, that,…

2Cases cited6 opinions

  1. Kennedy v. SheaMassachusetts Supreme Judicial Court · 1872
  2. Moss v. JohnsonIllinois Supreme Court · 1859
  3. Hosley v. BrooksIllinois Supreme Court · 1858
  4. Ford v. McVayIllinois Supreme Court · 1870
  5. Ball v. BruceIllinois Supreme Court · 1859

1 more not listed; retrieve them via the Exa API.

3Cited by40 opinions

  1. Pegram v. StortzWest Virginia Supreme Court · 1888
  2. Fry v. LeslieSupreme Court of Virginia · 1891
  3. Riddle v. McGinnisWest Virginia Supreme Court · 1883
  4. Miller v. CurtisMassachusetts Supreme Judicial Court · 1893
  5. Marshall v. TaylorCalifornia Supreme Court · 1893

35 more not listed; retrieve them via the Exa API.

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