Henrickson v. Winkle
| Decision Date | 31 January 1859 |
| Citation | 21 Ill. 274,11 Peck 274,1859 WL 6750 |
| Parties | EDWARD S. HENRICKSON, impleaded, etc., Plaintiff in Error,v.RANSOM VAN WINKLE, Defendant in Error. |
| Court | Illinois Supreme Court |
21 Ill. 274
1859 WL 6750 (Ill.)
11 Peck (IL) 274
EDWARD S. HENRICKSON, impleaded, etc., Plaintiff in Error,
v.
RANSOM VAN WINKLE, Defendant in Error.
Supreme Court of Illinois.
January Term, 1859.
A release of errors by one of several defendants to a record, where the error only relates to the party who executes the release, is good.
A party to a record cannot release an error which is personal to another party, nor can one party urge an error which is personal to another.
Where one of several defendants was not served with process, but judgment was nevertheless entered against him with the others, he may release the error.
HENRICKSON, who had been sued in the same action with Harry Reinback and Hiram Van Winkle, sued out this writ of error to reform a judgment which had been rendered in the Circuit Court of Morgan county. The state of the record in the Circuit Court is stated in the opinion of this court.
In the Supreme Court, on the return of the process, the defendant in error pleaded, “that as to any errors assigned in the record and proceedings in this case, touching the rights or responsibilities of Harry Reinback and Hiram Van Winkle, impleaded with the said Edward S. Henrickson, in the court below, the said Ransom Van Winkle says, plaintiff actio non, because said defendant says that before the institution of any proceedings in error in this case, to-wit: at the county of Morgan, and State of Illinois, on the twenty-second day of December, in the year of our Lord one thousand eight hundred and fifty-seven, the said Harry Reinback and Hiram Van Winkle, in the name and by the style of “H. Reinback,' and ‘H. J. Van Winkle,’ executed and delivered a release, here in court ready to be produced, jointly and severally releasing to the defendant and assigns any and all errors in the record and proceedings aforesaid, so far as they might affect the said Harry Reinback and Hiram Van Winkle, or either of them; all of which the said defendant is ready to verify, etc.”
The plaintiff in error moved the court to strike the above plea from the files, because there was not anything contained in said plea to warrant in law a release of errors touching the right of the plaintiff in error.
W. D. WYATT, for Plaintiff in Error.
D. A. AND T. W. SMITH, for Defendant in Error.
WALKER, J.
This was an action of assumpsit commenced by Ransom Van Winkle against Edward S. Henrickson, H.
[21 Ill. 275]
Reinback and Hiram Van Winkle, in the Morgan Circuit Court, to the...To continue reading
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... ... Clark v. Marfield, 77 Ill. 258;Henrickson v. Van Winkle, 21 Ill. 274;Horner v. Zimmerman, 45 Ill. 14;Cromine v. Tharp, 42 Ill. 121;Richards v. Greene, 78 Ill. 526. When a state court has ... ...
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