Case Details

Whiteside v. Bartleson

Case # 000033, 000919

Appellant/Plaintiff

William B. Whiteside

Appellee/Defendant

John Barlteson

Appellant/Plaintiff Attorneys

Henry Starr

Appellee/Defendant Attorneys

Theophilus W. Smith

County of Origin

Madison County

Justice

Justice Thomas Reynolds Justice John Reynolds

Terms of Court

November 1823

Type of Case

Assumpsit

Disposition

Reversed

Citation

1 Ill 71

Case Summary

Bartleson sued Whiteside In an action of assumpsit to recover a promissory note. The court ruled for Bartleson and assessed damages. Whiteside appealed to the Illinois Supreme Court, which reversed the judgment because the lower court erred in assessing damages against Whiteside without a jury. The liability of Whiteside did not authorize the court to assess damages; such a practice undermined the right to trial by jury. The case was remanded for new proceedings consistent with this opinion.