Elliott v. Daiber

Citations

• 42 Ill. 467

Syllabus

<p>1. Appeals — lie from all judgments of justices of the peace, except when confessed. Under our statute, appeals lie .from all judgments rendered by justices of the peace, except when confessed.</p> <p>2. Same — the exception as to confessed judgments — technical. That portion of the statute, prohibiting appeals in cases when judgment has been confessed, has a technical application.</p> <p>3. Judgment — confession of—what admission will not amount to. Where a party sued before a justice of the peace, stated “that he could not deny the plaintiff’s demand,” such admission conferred no authority to enter a judgment by confession.</p> <p>4. Admissions. Such an admission, while it acknowledged the demand to be just, in no sense amounted to a confession of judgment, and the right of appeal remained.</p>