Aiken v. Webster

Case # 1188

Appellant/Plaintiff

Henry S. Aiken

Appellee/Defendant

Daniel F. Webster

Appellant/Plaintiff Attorneys

  • Onslow Peters

County of Origin

LaSalle County

Justice

Justice Samuel H. Treat

Terms of Court

December 1845

Type of Case

Assumpsit

Disposition

Motion denied

Citation

7 Ill 416

Case Summary

Aiken sued Webster to recover a debt, but the circuit court ruled for Webster. Aiken appealed the case to the Illinois Supreme Court, resulting in a reversal due to a procedural error. However, no action was taken to remand the case. Aiken made a motion to remand, but the Supreme Court denied the motion because it had been more than three years since the judgment reversal, and Webster could now face unfair consequences. Without proper notice, granting the motion might lead to an unjust trial against Webster. 

Illinois Reports File