Niemeyer v. Berg

Appellate Court of Illinois

Niemeyer v. Berg

186 Ill. App. 107, 1914 Ill. App. LEXIS 820

Appellate Court of Illinois·Decided April 23, 1914·No. Gen. No. 19,185·Published

Opinion

Mr. Justice Gridley

delivered the opinion of the court.

3. Judgment, § 187*—when judgment against “the defendant” in action against two defendants cannot he sustained. In an action of tort against two defendants, tried by the court without a jury, where the finding of the court as recorded is against “the defendant,” without naming him, a judgment on such finding cannot be sustained, since it is uncertain which one of the defendants was found guilty and against which one the judgment was rendered.

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Mr. Justice Gridley

delivered the opinion of the court.

3. Judgment, § 187*—when judgment against “the defendant” in action against two defendants cannot he sustained. In an action of tort against two defendants, tried by the court without a jury, where the finding of the court as recorded is against “the defendant,” without naming him, a judgment on such finding cannot be sustained, since it is uncertain which one of the defendants was found guilty and against which one the judgment was rendered.

Niemeyer v. Berg, 186 Ill. App. 107, 1914 Ill. App. LEXIS 820 (Ill. Ct. App. 1914).

Pincite

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