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36 Ill. 128

Fisher v. Haggerty

Illinois Supreme Court

Decided April 15, 1864

Illinois Supreme Court · decided 1864-04-15

Writ of error to the Circuit Court of Marshall county; the Hon. S. L. Richmond, Judge, presiding. Dennis Haggerty instituted suit against Davenport Fisher, before a justice of the peace, in Marshall county, upon the following account: “Davenport Fisher, 1863. To Dennis Haggerty, Dr. June 6. To hauling 11 loads of pork after working hours, 25 cents load,......$2.75.” A trial before the justice resulted in a verdict and judgment for the plaintiff.

Cited by 1 later decisions — most recently January 1904

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1864-04-15

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Mr. Justice Breese

¶1delivered the opinion of the Court:

¶2This is a very trifling case indeed, and should not have been brought to this court, as there is no important principle involved in it

¶3The evidence was clear, that plaintiff in error undertook and promised to pay defendant in error for his extra work, done after the usual hours of labor. It was an express undertaking of his own, and the suit was, therefore, properly brought against him.

¶4Two juries have fully investigated the facts, and have found the same verdict, and we have no disposition — only one dollar and sixty-five cents being involved, and which is nearly all the defendant in error ever claimed of the plaintiff—to go very much into a detailed and scrutinizing examination of the testimony; The maxim, de minimis non curat lex, might well be applied here.

¶5The judgment is affirmed. Judgment affirmed,.

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