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66 Ill. 419

Brown v. Booth

Illinois Supreme Court

Decided September 15, 1872

Illinois Supreme Court · decided 1872-09-15

Writ of Error to the Circuit Court of Henry county; the Hon. George W. Pleasants, Judge, presiding. This was an action upon a promissory note, which was signed by Alden Booth as security for Lyman Booth. Alden Booth pleaded the fact of his suretyship, and that the plaintiff, after the maturity of the note, extended its time of payment.

Good law ✅— No negative treatment on recordhow we know

Decided 1872-09-15

How this case has been cited

Cited by 6 later decisions — most recently March 1928

6 state decisions

30187218801890190019101920decided

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:

¶1Only two reasons are urged for reversing this judgment. One is, that the court should not have permitted an additional plea to be filed after the case was remanded from this court. The second is, that the notice to the plaintiff’s attorney to produce the notice formerly served upon his client was not sufficient. In regard to the first point, we need only say that the filing the plea was matter of discretion with the court; and as to the second, the proof of the contents of the original notice was admissible without a notice to produce it. Notice to produce a notice is not necessary. Phillips on Ev. 544. If it were, we think the notice in this case sufficient.

¶2The judgment of the court below is affirmed.

¶3Judgment affirmed.

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