Clifford v. Waldrop

Decided January 15, 1860

Illinois Supreme Court · decided 1860-01-15

This suit was originally commenced before a justice of the peace, by Clifford against Waldrop, and judgment was rendered for plaintiff for fifty dollars.

Good law ✅— No negative treatment on recordhow we know

Decided 1860-01-15

How this case has been cited

Cited by 6 later decisions — most recently September 1930

6 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Caton, C. J.

¶1The petition in this case was insufficient. The statute requires that the petition for the writ “ shall set forth and show ” that the judgment before the justice of the peace was not the result of negligence. This petition only sets forth that fact, but it does not show it. The petition should set forth the facts which show that the party was not guilty of negligence in not attending to and defending the cause before the justice. The mere statement of the conclusion that the judgment was not the result of his negligence, does not show that fact. That is a conclusion for the court to draw from the facts stated. Russel v. Pickering, 17 Ill. R. 31.

¶2The judgment of the Circuit Court must be reversed, and .the appeal dismissed, and the judgment of the justice stand in force.

¶3Judgment reversed.