Justice Pinkney H. Walker

  • Born:
    June 18, 1815 in Adair County, KY
  • Illinois Supreme Court Justice:
    1858-1885
  • Illinois Supreme Court Chief Justice:
    1864-1867, 1874-1875, 1879-1880
  • Succeeded:
    Onias C. Skinner
  • Succeeded by:
    Damon G. Tunnicliff
  • Represented:
    2nd Division (1858-1870), 4th District (1870-1885)
  • Political Party
    Republican
  • Other Political Offices:

    Circuit Court Judge (1853-1858)

  • Died:
    February 7, 1885 in Rushville, IL
  • Buried:
    Rushville City Cemetery, Rushville, IL
  • Notes:
    Portrait courtesy of the Illinois Supreme Court

Images

  • sig-walker
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Cases

Albro et al. v. Dayton


Dayton sued Albro, a deputy sheriff, and others in an action of replevin. Dayton's attorney dismissed the suit. Dayton then sued Albro for a bill for injunction to prevent payment of $135 in damages for wrongful detention of the property and to reinstate the replevin suit, arguing his attorney had no authority to dismiss the case. After a change of venue, the court made the injunction perpetual. Albro appealed to the Illinois Supreme Court, which reversed the judgment and dismissed Dayton's bill for injunction. The Court reversed the case because of Dayton's failure to diligently pursue legal remedies or prove misconduct by his attorney.

County



Adams et al. v. Shepard

Adams sued Shepard in an action of replevin. The circuit court found for Adams but delayed judgment due to pending damages assessment. When Adams later sought a non-suit, the defendant contested, arguing it was after final determination. The Illinois Supreme Court determined the non-suit was permissible as material issues, particularly damages, remained unresolved. Thus, the lower court's judgment was upheld.

County

Cook County


Brush v. Seguin and Byrns

The material facts contained in this record, and the questions presented, are the same as those in the case of Brush v. Seguin et al. (24 Ill. 254). The judgment of the court below is affirmed.



Carter v. Moses

In January 1861, Hiram P. Moses filed a chancery bill against Roswell Carter, Seth Wadhams, J. Young Seammon, and another party. Moses and Wadhams borrowed $3,000 from Carter in 1853, securing it with a deed of trust. Over time, they issued more notes, leading to a dispute. The court ruled in Moses's favor, declaring certain notes paid and ordering Carter to repay $570, but denied recovery of usurious interest. Carter appealed, but the decision stood. At the April term of 1865 a rehearing was requeseted, but subsequently refused.

County

Cook County


Smith et al. v. Nelson

The facts in this case are the same as the foregoing (Nelson v. Smith et al.),
but the finding of the jury was for the plaintiff below.
The reasoning in the above opinion applies to this case in every
particular. The judgment of the court below is therefore
affirmed.

County

Warren County


Abrams v. Taylor

Taylor sued Abrams in an action of debt based on a receipt acknowledging receipt of corn. Abrams argued the statute of limitations and pleaded nil debet. The circuit court found in favor of Taylor, citing the receipt and a note as evidence. However, the Supreme Court ruled the evidence insufficient to establish liability, reversing the judgment and remanding the case. The Court determined the receipt didn't clearly indicate the nature of the transaction.

County

Scott County


Aetna Insurance Company v. Alton City Bank

Aetna Insurance Company sued the Alton City Bank in an action of trespass on the case on promises in Alton City Court. Aetna Insurance alleged the Alton City Bank failed to accept a bill of exchange and neglected to protest its non-acceptance or provide notice, resulting in a loss for the Aetna Insurance Company. The City Court found for the Alton City Bank, which had fulfilled its duty by transmitting the bill to responsible correspondents. The Aetna Insurance Company appealed to the Illinois Supreme Court, which agreed with the lower court's decision and affirmed the judgment, noting that though debate exists, precedent suggests banks, in such cases, are not liable beyond exercising reasonable care in selecting agents.

County



Aetna Insurance Company v. Phelps

Phelps sued Aetna Insurance Company in Mason County Circuit Court in an action of assumpsit over a fire policy. The declaration had four counts, alleging Phelps's interest in the destroyed property. Aetna Insurance Company defendant demurred, arguing lack of disclosure of Phelps's interest and failure to mention a policy condition. The circuit court overruled, awarding damages. The appeal questioned the sufficiency of the declaration and the court's authority to summon a jury after discharging the regular panel. The Illinois Supreme Court found no error and affirmed the judgment.

County

Mason County


Nelson (a mulatto) v. People

Nelson, a mulatto, was arrested for immigrating into Illinois in 1862, violating 1853 Black exclusion act. Before a justice of the peace, Nelson was fined $50 and imprisoned until payment or sold into servitude. Nelson appealed to the circuit court, he argued the law's unconstitutionality. The court upheld the verdict, citing legislative authority to prevent Black migration into Illinois. Nelson appealed to the Illinois Supreme Court, which affirmed the judgment, enforcing law's provisions as constitutional, noting that serving a punishment by being sold into servitude did not equate to slavery.

County