Case Details

Tarlton v. Miller

Case # 000002, 000898

Appellant/Plaintiff

Robert M. Tarlton

Appellee/Defendant

George Miller

Appellant/Plaintiff Attorneys

Not Listed

Appellee/Defendant Attorneys

Not Listed

County of Origin

Gallatin County

Justice

Justice Thomas Reynolds Justice John Reynolds

Terms of Court

November 1823

Type of Case

Trespass on the Case on Promises

Disposition

Reversed

Citation

1 Ill 68

Case Summary

Miller sued Tarlton to recover a promissory note. The first count alleged diligent search for the note's maker, Squire Brown, in Gallatin County, but he couldn't be found. The court, rejecting a motion to dismiss the defective count, ruled in favor of Miller, and Tarlton appealed to the Illinois Supreme Court, which reversed the judgment by questioning the validity of the first count and arguing that due diligence requires a lawsuit. Justice John Reynolds dissented, asserting Brown's absence was sufficient diligence.