Collins v. Tuttle
Illinois Supreme Court
This was an attachment suit, commenced in McLean Circuit Court, by defendants in error against plaintiff in error, as a non-resident. On the 2nd June, a writ of attachment issued and was levied on real estate, and a return of “ not found ” as to plaintiff in error. And at the June term of said Circuit Court, the cause was continued.
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This was an attachment suit, commenced in McLean Circuit Court, by defendants in error against plaintiff in error, as a non-resident. On the 2nd June, a writ of attachment issued and was levied on real estate, and a return of “ not found ” as to plaintiff in error. And at the June term of said Circuit Court, the cause was continued. At the September term following, defendants in error made proof of publication of notice to plaintiff in error, and on motion, were allowed to file a declaration. The next day they filed their declaration in proper form, with copy of the instrument sued on, and…
1Opinion of the Court
Catón, C. J.
We said, in White v. Hague, 18 Ill. R. 150, that the 8th section of the Practice Act applies to actions commenced by attachment, and we still entertain that opinion; and the only question left which we propose to consider is, whether the plaintiff who did not file his declaration ten days before the term, may take a default against a defendant who has been served or had constructive notice, which is equivalent to the 'service of a summons, ten days before the term, and who does not appear.. That section provides: “ If the plaintiff shall not file his declaration, together with a…
2Cited by2 opinions
- Herring v. QuimbyIllinois Supreme Court · 1863
- Lambert v. JonteAppellate Court of Illinois · 1888