Kline v. Harris
Kline v. Harris
Opinion of the Court
The complaint and tbe records show that on September 12, 1908, M. H. Zeer commenced an action in McHenry county against tbe defendants Hattie Harris and A. C. Harris to recover $675, and interest, 7 per cent, from August 2, 1906, for work and labor.
A writ of attachment was issued and levied, and on April 20, 1909, tbe defendants gave a bond to discharge tbe attachment. And on May 29, 1909, tbe court made an order discharging tbe attachment on tbe bond. On January 19th, 1910, it was duly_ adjudged that tbe plaintiff recover against tbe defendants Hattie and A. C. Harris, $792 and costs, making $835.50. On January 21, 1910, M. H. Zeer duly made to tbe plaintiffs a written assignment of tbe judgment. It was signed by M. H. Zeer and two witnesses, and duly acknowledged and filed with tbe judgment record in tbe office of tbe clerk of court.
To tbe verified complaint stating those facts, which appear of record, tbe answer is merely a general denial. It was stricken out, and, on an appeal to this court, Judge Kneesbaw wrote an opinion reversing tbe order, bolding in effect that a general denial of tbe court records may
There is no specification of error worthy of any consideration. The proof submitted by the plaintiff was not disputed, and it was in no way disputable. The defendants had no defense, and they did not attempt to make a defense. The appeal was in keeping with the answer, and it* was taken in bad faith and for delay. In that way this very simple action has been held up and delayed for seven years. Such a procedure should not be tolerated. The judgment is affirmed, with costs.
Reference
- Full Case Name
- H. S. KLINE and J. Minkiewitz v. HATTIE HARRIS, A. C. Harris, G. A. Ebbert, and J. H. Mantz
- Status
- Published