Niemeyer v. Berg

Appellate Court of Illinois

Niemeyer v. Berg

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

CourtAppellate Court of Illinois

DecidedApril 23, 1914

DocketGen. No. 19,185

StatusPublished

This text of 186 Ill. App. 107 (Niemeyer v. Berg) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

Pincite

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.

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Bluebook (online)

186 Ill. App. 107, 1914 Ill. App. LEXIS 820, Counsel Stack Legal Research, https://law.counselstack.com/opinion/niemeyer-v-berg-illappct-1914.