Stein v. Stein

Appellate Court of Illinois

Stein v. Stein

44 Ill. App. 107, 1891 Ill. App. LEXIS 603

CourtAppellate Court of Illinois

DecidedMarch 4, 1892

StatusPublished

Cited by1 cases

This text of 44 Ill. App. 107 (Stein v. Stein) 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

Stein v. Stein, 44 Ill. App. 107, 1891 Ill. App. LEXIS 603 (Ill. Ct. App. 1892).

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Opinion

Gary, J.

This case is a companion to Stein v. Goldsmith, 44 Ill. App. 108, and was brought here doubtless, with the hope that it might exercise some collateral influence upon that.

The parties here are the son complaining that the father has taken by default, a wrong judgment against him, and the father admitting it, and on the face of the record the judgment does appear to be wrong. How, in fact, the judgment was taken, appears in the opinion in the other case, but is not shown by this record. It does appear however, by this record, that Goldsmith was co-defendant of the plaintiff in error, in an action of assumpsit, and withdrew his plea of the general issue, and so his successful defense was made, not upon any matter personal to himself, as infancy or bankruptcy. And the record shows no service of process upon plaintiff in error. Miller v. Glass, 14 Ill. App. 177. For either of these reasons this judgment is wrong and is reversed, but there is nothing to ground further proceedings upon, and so the case is not remanded. Ditch v. Edwards, 1 Scam. 127.

Judgment reversed.

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Gary, J.

This case is a companion to Stein v. Goldsmith, 44 Ill. App. 108, and was brought here doubtless, with the hope that it might exercise some collateral influence upon that.

The parties here are the son complaining that the father has taken by default, a wrong judgment against him, and the father admitting it, and on the face of the record the judgment does appear to be wrong. How, in fact, the judgment was taken, appears in the opinion in the other case, but is not shown by this record. It does appear however, by this record, that Goldsmith was co-defendant of the plaintiff in error, in an action of assumpsit, and withdrew his plea of the general issue, and so his successful defense was made, not upon any matter personal to himself, as infancy or bankruptcy. And the record shows no service of process upon plaintiff in error. Miller v. Glass, 14 Ill. App. 177. For either of these reasons this judgment is wrong and is reversed, but there is nothing to ground further proceedings upon, and so the case is not remanded. Ditch v. Edwards, 1 Scam. 127.

Judgment reversed.

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Bluebook (online)

44 Ill. App. 107, 1891 Ill. App. LEXIS 603, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stein-v-stein-illappct-1892.

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