Gaddis v. Leeson

Citations

• 55 Ill. 522

Syllabus

<p>1. Set off—former recovery, and appeal therefrom pending. A defendant in an action of assumpsit may plead as a set off a claim upon which he has already obtained a judgment against the plaintiff, from which the latter has taken an appeal which is still pending.</p> <p>2. Same—effect of such a plea as a satisfaction of the judgment—injunction. The filing of such a plea, and offering evidence under it, will operate as a satisfaction of the judgment previously obtained by the defendant, and will enable the plaintiff to enjoin its collection, in the event of its affirmance in the appellate court. .</p> <p>3. Former recovery—presumption as to what was embraced therein. If .a judgment be recovered in a former action for want of a plea, etc. it will be considered that the plaintiff therein brought such action, and recovered, for all the causes of action that might have been recovered in that form of action, and which he knew of at the time of bringing it.</p> <p>Appeal from the Circuit Court of DeKalb county; the Hon. Theodore D. Murphy, Judge, presiding.</p> <p>The opinion states the case.</p>