Curry v. Hinman
Illinois Supreme Court
This was an ejectment, brought by Hinman against Curry, in the Schuyler Circuit Court, for the recovery of the south-west quarter section twenty-seven, town, two north, range one, west of the fourth principal meridian, and tried before Mr. Justice Purple, and a jury, at the August term, A. D. 1847, when a verdict was found in favor of the defendant in error, and a judgment rendered thereon.
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This was an ejectment, brought by Hinman against Curry, in the Schuyler Circuit Court, for the recovery of the south-west quarter section twenty-seven, town, two north, range one, west of the fourth principal meridian, and tried before Mr. Justice Purple, and a jury, at the August term, A. D. 1847, when a verdict was found in favor of the defendant in error, and a judgment rendered thereon. From the hill of exceptions, it appears that the ■ plaintiff, in order to maintain the issue on his part, read in evidence, without objection, a judgment for taxes against the land in controversy, rendered…
1Opinion of the Court
Opinion by Mr. Justice Catón:
It has been earnestly insisted that the copy of the judgment which was certified to the collector, and on which the lands in question were sold for taxes, was process, within the meaning-of the seventh section of the fourth article of the constitution, and should have run in the name of “ The People.” That section provides, that “ all process, writs and other proceedings,shall run in the name of The People of the state of Illinois." It Is manifest that these words cannot be taken in their broadest sense, if it is understood that they are to appear upon the face of…
2Cited by13 opinions
- In re Organization & of the Bonds of the Central Irrigation DistrictCalifornia Supreme Court · 1897
- Chisholm v. GilmerSupreme Court of the United States · 1936
- Minard v. Douglas CountyOregon Supreme Court · 1881
- People ex rel. Setters v. LeeSupreme Court of Colorado · 1923
- Penrose v. CooperSupreme Court of Kansas · 1905
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