Williams v. Williams
Illinois Supreme Court
Writ or Error to the Superior Court of Cook county; the Hon. M. Kavanagh, Judge, presiding. The complainant filed a bill in chancery in the superior court of Cook county against the defendant for the adjustment of a partnership account alleged to remain unsettled between them, and to require the defendant to convey to him the undivided one-half of certain real estate situated in Cook county, alleged to belong to the co-partnership, the title of which was in the defendant.
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Writ or Error to the Superior Court of Cook county; the Hon. M. Kavanagh, Judge, presiding. The complainant filed a bill in chancery in the superior court of Cook county against the defendant for the adjustment of a partnership account alleged to remain unsettled between them, and to require the defendant to convey to him the undivided one-half of certain real estate situated in Cook county, alleged to belong to the co-partnership, the title of which was in the defendant. Service was had upon the defendant, who was a non-resident, by delivering to him a notice of the commencement of the suit…
1Opinion of the CourtJustice Hand
It is first contended that the service upon the defendant is not sufficient, in this: that the notice of the commencement of suit served upon the defendant did not state the term of court at which he was to appear and defend. The notice which was served upon the defendant was attached to a copy of the bill, and the bill recited the suit was commenced to the November term of the superior court, and asked that the defendant be summoned to appear at that term and defend, etc. The notice and copy of the bill formed but one instrument, and the law required them to be considered together, and not…
2Cases cited3 opinions
- Desnoyers Shoe Co. v. First National BankIllinois Supreme Court · 1900
- Cloyd v. TrotterIllinois Supreme Court · 1886
- Roby v. Chicago Title & Trust Co.Illinois Supreme Court · 1901
3Cited by9 opinions
- Wilson v. SmartIllinois Supreme Court · 1927
- Gaul v. BakerSupreme Court of Connecticut · 1928
- Smith v. SmithSupreme Court of Minnesota · 1913
- Cox v. CoxAppellate Court of Illinois · 1915
- Failing v. FailingIllinois Supreme Court · 1954
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