Reports of Cases At Law And in Chancery Argued And Determined in the Supreme Court of Illinois 57 (September Term, 1870, And January Term, 1871)
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In our eReader you can find the full English version of the book. Read Reports of Cases At Law And in Chancery Argued And Determined in the Supreme Court of Illinois 57 (September Term, 1870, And January Term, 1871) Online - link to read the book on full screen. Our eReader also allows you to upload and read Pdf, Txt, ePub and fb2 books. In the Mini eReder on the page below you can quickly view all pages of the book - Read Book Reports of Cases At Law And in Chancery Argued And Determined in the Supreme Court of Illinois 57 (September Term, 1870, And January Term, 1871)
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Lathrop Frederick Hayes.
1. Justices of the peace — consolidating causes of action — suit subse- quently brought by defendant — construction of act o/1845. Uuder section 35, chapter 59, Revised Statutes of 1845, where a party commences his action before a Justice of the Peace, tlie adverse partj'^, if lie have any demands existing at tlie time of the commencement of the suit, must bring forward the same to be litigated in that particular suit, if the same are of such a character that they can b...e consolidated, and which do not exceed $100 when consolidated into one defense, and failing to do so, and the suit pro- ceeds to final judgment, he is forever debarred from the privilege of suing for anj"^ such debt or demand.
2. So wiiere a party commenced an action before a justice of the peace, against another, and as soon as service of process Avas had, the defendant commenced an action against the plaintiff", before another justice, the claims of both parties being under !|100, and of such a nature that they could have been legally consolidated in one action and defense, and the suit first com- menced having progressed to final judgment, and the defendant therein failed to set off his claim as the law required him to do, it Wiis held, he could not maintain liis action subsequently ccmimeuced in respect tiiereto, although he obtained judgment therein, by default, before the justice, an appeal being taken tlierefrom to the circuit court, prior to the rendition of the judgment iu the suit previously commenced against him.
What to read after Reports of Cases At Law And in Chancery Argued And Determined in the Supreme Court of Illinois 57 (September Term, 1870, And January Term, 1871)?
You can find similar books in the "Read Also" column, or choose other free books by Illinois. Supreme Court to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
Lathrop Frederick Hayes.
1. Justices of the peace — consolidating causes of action — suit subse- quently brought by defendant — construction of act o/1845. Uuder section 35, chapter 59, Revised Statutes of 1845, where a party commences his action before a Justice of the Peace, tlie adverse partj'^, if lie have any demands existing at tlie time of the commencement of the suit, must bring forward the same to be litigated in that particular suit, if the same are of such a character that they can b...e consolidated, and which do not exceed $100 when consolidated into one defense, and failing to do so, and the suit pro- ceeds to final judgment, he is forever debarred from the privilege of suing for anj"^ such debt or demand.
2. So wiiere a party commenced an action before a justice of the peace, against another, and as soon as service of process Avas had, the defendant commenced an action against the plaintiff", before another justice, the claims of both parties being under !|100, and of such a nature that they could have been legally consolidated in one action and defense, and the suit first com- menced having progressed to final judgment, and the defendant therein failed to set off his claim as the law required him to do, it Wiis held, he could not maintain liis action subsequently ccmimeuced in respect tiiereto, although he obtained judgment therein, by default, before the justice, an appeal being taken tlierefrom to the circuit court, prior to the rendition of the judgment iu the suit previously commenced against him.
What to read after Reports of Cases At Law And in Chancery Argued And Determined in the Supreme Court of Illinois 57 (September Term, 1870, And January Term, 1871)?
You can find similar books in the "Read Also" column, or choose other free books by Illinois. Supreme Court to read onlineMoreLess
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