Stuhl v. Shipp

Decided April 15, 1867

Illinois Supreme Court · decided 1867-04-15

Writ of Error to the Circuit Court of Livingston county. On the 16th day of February, 1865, Julius Stuhl executed his promissory note as follows: “ $200.00. ' Pontiac, February 16, 1865. “ Thirty days after date, for value received, I promise to pay to the order of Jacob Countryman, $200, with interest at ten per cent per annum until due, and if not paid when due, then at the rate of ten per cent per annum, as liquidated damages, until paid.

Relies on Rising v. Brainard · Hinds v. Hopkins · Iglehart v. Morris

Good law ✅— No negative treatment on recordhow we know

Decided 1867-04-15

How this case has been cited

Cited by 5 later decisions — most recently February 1911

5 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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Per Curiam :

¶1The case of Hinds v. Hopkins, 28 Ill. 351, was so far modified in Rising v. Brainard, 36 Ill. 80, as to render it necessary to apply to the court below to set aside a judgment by confession, and to show some equitable reason therefor, before this court will reverse on the ground that the power of attorney was more than a year and a day old, or its execution not duly proven. This court also held in Iglehart v. Morris, 34 Ill. 503, that when the judgment was within the ad damnum laid in the declaration, it would not be reversed because it might appear to be for an amount greater than the sum due upon the note, which was the basis of the confession, no application having been made in the court below to correct the error. On the authority of these cases this judgment must be affirmed.

¶2Judgment affirmed.