McMillan v. Lovejoy
Illinois Supreme Court
Appeal from the Appellate Court for the Second District;— heard in that court on appeal from the Circuit Court of Stephenson county; the Hon. William Brown, Judge, presiding. This is a suit in debt, brought in the circuit court of Stephenson county, upon a judgment rendered in the circuit court of Rock county, in the State of Wisconsin. The declaration is in the usual form, the pleas are nul tiel record and release.
Read the full summary
Appeal from the Appellate Court for the Second District;— heard in that court on appeal from the Circuit Court of Stephenson county; the Hon. William Brown, Judge, presiding. This is a suit in debt, brought in the circuit court of Stephenson county, upon a judgment rendered in the circuit court of Rock county, in the State of Wisconsin. The declaration is in the usual form, the pleas are nul tiel record and release. The case was tried by the court and a jury, and resulted in a verdict and judgment against the appellant, defendant below, for $1577.54 debt, and $111.34, damages. The following…
1Opinion of the CourtJustice Scholfield
The question, here, is whether, in an action upon a judg- ■ ment of a sister State, it is a valid objection to the transcript of the judgment certified in conformity with the act of Congress, when offered in evidence, that it shows no placita. We think it is very clear that it is not. The decisions in this court holding that the transcript of a judgment or decree must show a placita, were all in direct proceedings to reverse the judgment or decree. But the rule is general, in a collateral proceeding, however defective in form may be the judgment or decree, if the transcript show that it is…
2Cases cited1 opinion
- Phillips v. WebsterIllinois Supreme Court · 1877
3Cited by11 opinions
- American Mutual Life Insurance v. MasonIndiana Supreme Court · 1902
- Forrest v. FeyIllinois Supreme Court · 1905
- Garden City Sand Co. v. MillerIllinois Supreme Court · 1895
- Roberts v. Sauerman Bros.Appellate Court of Illinois · 1939
- People Ex Rel. Potter v. PotterAppellate Court of Illinois · 1954
6 more not listed; retrieve them via the Exa API.