{
  "id": 823958,
  "name": "Emil Horner v. Jesse B. Spelman et al.",
  "name_abbreviation": "Horner v. Spelman",
  "decision_date": "1875-09",
  "docket_number": "",
  "first_page": "206",
  "last_page": "208",
  "citations": [
    {
      "type": "official",
      "cite": "78 Ill. 206"
    }
  ],
  "court": {
    "name_abbreviation": "Ill.",
    "id": 8772,
    "name": "Illinois Supreme Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "14 Ill. 249",
      "category": "reporters:state",
      "reporter": "Ill.",
      "case_ids": [
        2585573
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill/14/0249-01"
      ]
    }
  ],
  "analysis": {
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  "last_updated": "2023-07-14T14:31:53.325025+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Emil Horner v. Jesse B. Spelman et al."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Breese\ndelivered the opinion of the Court:\nThis was debt, in the Superior Court of Cook county, on a judgment rendered by the Superior Court of Hartford county, in the State of Connecticut, in an action for damages sustained \u201cby reason of sundry covins, frauds, wrongs and injuries by the defendant committed against the plaintiffs.\u201d\nThe defendant pleaded nul tiel record, payment, and accord and satisfaction of the judgment, on all which issues were made up and submitted to the court for trial without a jury.\nThe court found for the'plaintiffs the amount of the judgment as debt, and assessed the damages by computing interest thereon, and rendered judgment accordingly. The defendant appeals.\nAppellant makes objection that the record of the Superior Court of Hartford county is not well authenticated.\nWe are of opinion it is in substantial compliance with the act of Congress, May 26, 1790 (Rev. Stat. 1845, appendix, 624), and was properly admitted in evidence.\nThe clerk has certified a transcript of the proceedings, under the seal of the court, and the presiding judge of the court has certified that the attestation is in due form. This is all the act of Congress requires. Ducommun et al. v. Hysinger, 14 Ill. 249.\nUnder the plea of payment, it was attempted to be shown that, through an arrangement made with Tobias Kohn, who was on defendant\u2019s bail bond in the suit in Connecticut, this judgment had been paid, but the evidence fails to show it. On the contrary, it is shown these plaintiffs have never received any part of it. They have Kohn\u2019s note for a part of it, not due at the time of this trial. This arrangement with Kohn was made, as we infer from the testimony, while an action was pending against him on the bail bond. Nothing has been realized from it, and the plea of payment is not sustained ; nor could a release of Kohn from his bail bond be a payment of this judgment. This will not be denied. It is not like the payment of a debt by a surety, when he can claim, in equity, at least, to be subrogated to all the remedies of his principal. Nothing of the kind.\nAll that is necessary to be said on the refusal of the court to admit in evidence appellant\u2019s discharge in bankruptcy, is, that such discharge was not pleaded, and had it been, it could not avail, as the judgment obtained in the Superior Court of Hartford county was for \u201cthe covins, frauds, wrongs and injuries\u201d committed by appellant.\nSection 33 of the Bankrupt act provides that no debt created by the fraud of the bankrupt shall be discharged under that act. Bump\u2019s Law and Practice in Bankruptcy, 518.\nThere being no error in the record, the judgment must be affirmed.\nJudgment affirmed.",
        "type": "majority",
        "author": "Mr. Justice Breese"
      }
    ],
    "attorneys": [
      "Messrs. Woodbridge & Blanke, for the appellant.",
      "Mr. W. M. Howland, for the appellees."
    ],
    "corrections": "",
    "head_matter": "Emil Horner v. Jesse B. Spelman et al.\n1. Judgment in another State\u2014how authenticated. Where a transcript of a judgment in a court of another State is certified by the clerk of the court, and the presiding judge certifies that the attestation is in due form, it is a substantial compliance with the act of Congress of May 26, 1790.\n2. Bankruptcy\u2014should be pleaded. It is not error to exclude a certificate of bankruptcy offered in evidence by the defendant, where the same has not been pleaded.\n. 3. Same\u2014debts contracted by fraud of the bankrupt, not discharged. A discharge in bankruptcy is no defense to a suit on a judgment, which was for the \u201c covins, frauds, wrongs and injuries \u201d committed by the bankrupt defendant.\nAppeal from the Superior Court of Cook county; the Hon. John A. Jameson, Judge, presiding.\nMessrs. Woodbridge & Blanke, for the appellant.\nMr. W. M. Howland, for the appellees."
  },
  "file_name": "0206-01",
  "first_page_order": 206,
  "last_page_order": 208
}