Legal Opinion

Fowler v. Chicago Daily News Co.

Appellate Court of Illinois

Decided July 2, 1917No. Gen. No. 23,040PublishedCited by 1 opinion

Error to the Circuit Court of Cook county; the Hon. Lockwood Honoee, Judge, presiding. Heard in this court at the March term, 1917.

1Opinion of the CourtJustice McSurely

•By this writ of error it is sought to have reversed a judgment dismissing plaintiff’s suit for failure to file his declaration by the second term of court after the summons was returnable.

The praecipe was filed July 30, 1915, and summons issued by the clerk on that day. It was not served on any of the defendants. On October 16, 1915, an attorney was given leave to enter his appearance for the defendant Chicago Daily News Company, and upon his motion,, without notice to plaintiff, the action was dismissed as to this company for failure of the plaintiff to file his declaration “pursuant to…

2Cases cited2 opinions

  1. Herring v. QuimbyIllinois Supreme Court · 1863
  2. English v. WilkinsIllinois Supreme Court · 1896

3Cited by1 opinion

  1. Ruedger v. ToledoAppellate Court of Illinois · 1928

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