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10 Ill. 127

Peck v. Stevens

Illinois Supreme Court

Decided December 15, 1848

Illinois Supreme Court · decided 1848-12-15

In this case, a judgment was rendered in the Jo Daviess County Court, at the November term, 1846, the Hon. Hugh T» Dickey presiding, in favor of the present defendants in error, for the sum of $6,321*34 upon the assessment of a jury of inquiry, the defendant not appearing. The form of the judgment concluded with an award of execution, thus ; “And that execution issue therefor against the goods, chattels, lands and tenements of the said Jas.

Cited by 1 later decisions — most recently December 1936

Good law ✅— No negative treatment on recordhow we know

Decided 1848-12-15

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¶1The Opinion of the Court was delivered by

Treat, C. J.

¶2The Court rendered a judgment in favor of Stevens and Brown against Peck, administrator of Stephenson, for $6,321-34 and costs; and awarded execution therefor against the goods and chattels, lands and tenements of the estate of the decedent.

¶3The award of execution was erroneous, as will clearly appear by reference to the decisions of this Court in the following cases: Greenwood v. Spiller, 2 Scam. 502; Burnap v. Dennis, 3 do. 478; McDowell v. Wight, 4 do. 403; Powell v. Kettelle, 1 Gilm. 491; Welch v. Wallace, 3 do. 490.

¶4The judgment of the County Court will, therefore, be reversed with the costs of this writ of error, and a judgment will be entered in this Court in favor of the plaintiffs against the defendant for the sum of $6,321-34 and the costs in the Court below, and interest from the 29th of July, 1846, to b© paid in the due course of administration.

¶5Judgment reversed.

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