Eubank v. People

Illinois Supreme Court

Eubank v. People

50 Ill. 496

CourtIllinois Supreme Court

DecidedJune 15, 1869

StatusPublished

Cited by2 cases

This text of 50 Ill. 496 (Eubank v. People) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Eubank v. People, 50 Ill. 496 (Ill. 1869).

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Opinion

Mr. Justice Lawrence

delivered the opinion of the Court:

In this case the only judgment of forfeiture offered in evidence, as appears bv the bill of exceptions, was a mere memorandum by the clerk, which probably was a literal copy of the minutes of the judge. It does not even name the parties against whom this scire facias has issued. A valid judgment of forfeiture was set out in the scire facias, but it was not offered in evidence.

For want of a proper judgment of forfeiture, this judgment on the scire facias must be reversed.

Judgment reversed.

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Mr. Justice Lawrence

delivered the opinion of the Court:

In this case the only judgment of forfeiture offered in evidence, as appears bv the bill of exceptions, was a mere memorandum by the clerk, which probably was a literal copy of the minutes of the judge. It does not even name the parties against whom this scire facias has issued. A valid judgment of forfeiture was set out in the scire facias, but it was not offered in evidence.

For want of a proper judgment of forfeiture, this judgment on the scire facias must be reversed.

Judgment reversed.

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Bluebook (online)

50 Ill. 496, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eubank-v-people-ill-1869.

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