Galloway v. Weber

Decided November 12, 1894

Appellate Court of Illinois · decided 1894-11-12

Memorandum.—Assumpsit. In the Circuit Court of Cook County, on appeal from a justice of the peace; the Hon. Edward F. Dunne, Judge, presiding. Trial by j ury; verdict for plaintiff; appeal by plaintiff. Heard in this court at the October term, 1894.

Relies on Board of Supervisors v. Campbell

Reversed and remanded · Decided 1894-11-12

Mr. Justice Gary

¶1delivered the opinion of the Court.

¶2The appellant sued the appellee for rent; $75.81 was due him, and the jury. gave him $37.90. On motion for new trial the court said that the difference was too small to justify another trial, and it would cost the county more for another trial than the difference amounted to.

¶3We agree to the last, but not to the first proposition. The appellee does not appear here to defend the judgment, and we can not justify it.

¶4In McNutt v. Dickson, 42 Ill. 492, the Supreme Court found it laborious to apply de minimis to $9.70 of a decree of $2,441 acquiesced in more than five years.

¶5The judgment is reversed and the cause remanded.