Page images
PDF
EPUB

APPENDIX

APPENDIX

A

LINCOLN'S CASES IN THE ILLINOIS SUPREME COURT

ABRAHAM LINCOLN appeared as counsel in the following cases in the Supreme Court of Illinois, which was the only appellate tribunal and the court of last resort in that State during the period of Mr. Lincoln's professional activities:

1. Scammon, plaintiff in error, vs. Cline, 3 Ill. 456. In this case Mr. Lincoln and another represented the defendant in error and claimed that the appeal from the justice of the peace to the Circuit Court should have been taken to the Circuit Court of Jo Daviess County instead of Boone County, as held by the Circuit Court of the latter county. The decision of the Circuit Court of Boone County was reversed.

2. Cannon, plaintiff in error, vs. Kinney, 4 Ill. 9. This was an action of trespass for the taking of personal property out of the hands of a person who had obtained possession of the same by the fraud of another. Mr. Lincoln appeared alone for the plaintiff in error and secured a reversal of the decision of the Circuit Court. Stephen T. Logan appeared for the defendant in error in this case.

Cited by the courts of Missouri and South Dakota.

3. Maus, appellant, vs. Worthing, appellee, 4 Ill. 26. Mr. Lincoln appeared alone as the attorney for the appellee in this case and moved the court to dismiss the appeal on the ground that the appeal bond filed in the case was signed by

an agent of the surety whose authority, though in writing, was not under seal, and this point made by Mr. Lincoln was sustained by the Supreme Court.

Cited by the courts of Arkansas and Colorado.

4. Bailey, appellant, vs. Cromwell, appellee, 4 Ill. 71. Mr. Lincoln appeared alone for the appellant and the judgment of the Circuit Court was reversed. The court held, in accordance with the contention of Mr. Lincoln, that it was a presumption of law in the State of Illinois that every person is free without regard to color, that where the consideration of a promissory note was shown to have been the sale of a negro girl, and that at the time of the sale it was agreed between the parties that, before payment of the note should be demanded, the payee should produce the necessary papers and indenture to prove that the girl was a slave or bound to service under the laws of the State of Illinois, and such papers were not produced though demanded, that there was no consideration for the note and that it was void, as the sale of a free person was illegal. Stephen T. Logan appeared for the appellees in this case. The judgment of the Circuit Court was reversed.

Cited in both state and federal courts.

5. Ballentine et al., appellants, us. Beall, appellee, 4 Ill. 203. This was a creditor's bill in which Mr. Lincoln appeared alone for the appellee. He was successful in the trial court, whose decision was affirmed in the Supreme Court.

Cited by the Supreme Court of Iowa.

6. Elkin et al., appellants, vs. The People, appellee, 4 Ill. 207. This was a suit on a sheriff's bond in which Mr. Lincoln appeared as an associate with Strong on behalf of the appellants. The judgment of the trial court was affirmed. Stephen T. Logan appeared for appellees.

[graphic][merged small]
« PreviousContinue »