Smith v. Trimble
Illinois Supreme Court
In July, 1859, a bill for injunction was filed by Trimble and Linder against Smith, charging that on the 1st day of January, 1857, they were indebted to Smith about two thousand dollars, being balance of purchase money for lands purchased by them of Smith, for which they gave their notes to Smith for about one thousand dollars each.
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In July, 1859, a bill for injunction was filed by Trimble and Linder against Smith, charging that on the 1st day of January, 1857, they were indebted to Smith about two thousand dollars, being balance of purchase money for lands purchased by them of Smith, for which they gave their notes to Smith for about one thousand dollars each. That at that date, Trimble and Smith made a settlement of their individual indebtedness, and Smith was found indebted to Trimble in the sum of about $720, and Smith thereupon executed a written statement and delivered it to Trimble, showing the amount due, and…
1Opinion of the CourtWalker, J.
It nowhere appears, in this record, that a summons was ever issued, in the case. A copy is not given in the transcript, nor does the pro confesso order or final decree find that one was ever issued. It has been repeatedly held by this court, and it must be regarded as the settled practice, that there must have been a summons issued, and it must be returned by the sheriff, or the defendant must have entered his appearance, to sustain a decree against a non-resident defendant. If a non-resident is proceeded against by publication, the court does not acquire jurisdiction, unless a summons has…
2Cases cited4 opinions
- Chickering v. FailesIllinois Supreme Court · 1861
- McDaniel v. CorrellIllinois Supreme Court · 1857
- Randall v. SongerIllinois Supreme Court · 1854
- Jacobus v. SmithIllinois Supreme Court · 1853
3Cited by10 opinions
- Morrison v. SmithIllinois Supreme Court · 1889
- Hards v. BurtonIllinois Supreme Court · 1875
- Stevens v. CoffeenIllinois Supreme Court · 1866
- Van Valkenburg v. Trustees of SchoolsIllinois Supreme Court · 1872
- Benneson v. BillIllinois Supreme Court · 1872
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