# Myers v. Shoneman

> Illinois Supreme Court · September 15, 1878 · 90 Ill. 80

URL: https://www.frixlaw.com/law-library/cases/6960296

## Case

- **Full name:** Samuel Myers v. Benjamin Shoneman
- **Court:** Illinois Supreme Court
- **Decided:** September 15, 1878
- **Citations:** 90 Ill. 80
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Sheldon
- **Judges:** Sheldon
- **Cited by:** 5 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6960296

## Opinion text

Mr. Justice Sheldon delivered the opinion of the Court:
This was an action, brought upon an appeal bond given on appeal to this court, from a money judgment recovered in the Superior Court of Cook county, for $2683 and costs. An affidavit of claim was filed with the declaration. A plea of non est factum, not sworn to, filed by the defendant, Myers, was, on motion of the plaintiffs, stricken from the files by the court below because no affidavit of merits was filed 'with the plea, and the default of the defendant was entered, and judgment rendered against him, from which he appealed.
The striking of the plea from the files is assigned for error, upon the ground that the suit was not upon a contract for the payment of money. This precise question was decided by this court in the case of Coursen v. Browning, 86 Ill. 57 , where it was held that an appeal bond given upon an appeal from a money judgment was a contract for the payment of money.
It is objected, that the fee bill, or the plaintiff’s bill of costs, in the case in the Superior Court, was improperly admitted in evidence, because unintelligible.
The abbreviations therein appearing would be understood by the court, before whom, without a jury, the cause was tried. There is no force in the objection. ,
The judgment is affirmed.
Judgment affirmed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6960296. Public record. Not legal advice.