Legal Opinion

Filkins v. O'Sullivan

Illinois Supreme Court

Decided September 15, 1875PublishedCited by 21 opinions

Writ of Error to the Circuit Court of Cook county; the Hon. Erastus S. Williams, Judge, presiding.

1Opinion of the CourtJustice Breese

This was a writ of error to the circuit court of Cook county, and the only point made on the record necessary to be considered is, that the circuit court had no jurisdiction of the person of the defendant, so as to render a judgment against him.

The action was assumpsit, against plaintiff in error, on her guaranty endorsed on a promissory note, and a judgment was taken against her by default, and the point is made there was no service of process on her.

It appears the writ was served, not by the sheriff or other officer, but by a person deputized by the sheriff, bearing the same name as that of…

2Cases cited1 opinion

  1. Brown v. MetzIllinois Supreme Court · 1864

3Cited by21 opinions

  1. The PEOPLE v. StewartIllinois Supreme Court · 1961
  2. The People v. CaseyIllinois Supreme Court · 1948
  3. People ex rel. Lafferty v. FeickeIllinois Supreme Court · 1911
  4. State v. CobbCourt of Appeals of Arizona · 1965
  5. Clifford v. Pioneer Fire-Proofing Co.Illinois Supreme Court · 1907

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