County Court ex rel. Weinheimer v. Rutz

63 Ill. 65
Illinois Supreme Court·Decided January 15, 1872·Published·Cited by 6 cases

Opinion

Per Curiam :

The record of the judgment rendered by the justice of the peace, should have been admitted in evidence. The only objection taken to it is that it does not show in whose favor it was rendered. But the entry upon the justice’s docket begins with the title of the case, giving the names of the parties in full, and, after reciting the various steps taken in the case, concludes by rendering a judgment for $99.99 “ against the defendant,” without saying in favor of plaintiff. This court has often said that technical precision in matters of form can not be required in entries upon justices’ dockets. It is sufficient if the meaning is plain. In this case it is so. A judgment against the defendant must necessarily be in favor of the plaintiff.

The judgment is reversed and the cause remanded.

Judgment reversed,.

Free access — add to your briefcase to read the full text and ask questions with AI

County Court ex rel. Weinheimer v. Rutz, 63 Ill. 65 (Ill. 1872).

63 Ill. 65 (County Court ex rel. Weinheimer v. Rutz) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Jacobson v. Austin
222 Ill. App. 491 (Appellate Court of Illinois, 1921)
People ex rel. New Boston Fish Co. v. Ferguson
206 Ill. App. 578 (Appellate Court of Illinois, 1917)
Fowler v. Thomsen
94 N.W. 810 (Nebraska Supreme Court, 1903)
Stroup v. Hobbs
65 Ill. App. 296 (Appellate Court of Illinois, 1896)
Brown v. Owens
64 Ill. App. 345 (Appellate Court of Illinois, 1896)
County of Du Page v. Martin
39 Ill. App. 298 (Appellate Court of Illinois, 1891)