Appellate Court of Illinois, 1914

Niemeyer v. Berg

Niemeyer v. Berg
Appellate Court of Illinois · Decided April 23, 1914 · Gridley
186 Ill. App. 107; 1914 Ill. App. LEXIS 820

Niemeyer v. Berg

Opinion of the Court

Mr. Justice Gridley

delivered the opinion of the court.

3. Judgment, § 187*—when judgment against “the defendant” in action against two defendants cannot he sustained. In an action of tort against two defendants, tried by the court without a jury, where the finding of the court as recorded is against “the defendant,” without naming him, a judgment on such finding cannot be sustained, since it is uncertain which one of the defendants was found guilty and against which one the judgment was rendered.

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