Parker v. Scheller
Appellate Court of Illinois
Attachment Proceeding.—Error to the Superior Court of Cook» County; the Hon. Arthur Chetlain, Judge, presiding. Heard in this court at the October term, 1895.
1Opinion of the CourtJustice Waterman
This is a writ of error brought to reverse a default judgment obtained by the plaintiff below in an “ attachment in aid ” proceeding in which the publication was made and the notice mailed nearly three years after the affidavit of non-residence was filed. The notice recites an attachment dated December 5, 1892, is entitled April term, 1895, and requires the defendant to appear on the first Monday of May, 1895.
The defendant was never served with process, nor did he appear.
Proceedings by way of attachment being in derogation of the common law, to be binding must be in strict accordance with the…
2Cases cited3 opinions
- Campbell v. McCahanIllinois Supreme Court · 1866
- Dennison v. TaylorIllinois Supreme Court · 1892
- Baldwin v. FergusonAppellate Court of Illinois · 1890
3Cited by2 opinions
- Britton v. GreggAppellate Court of Illinois · 1901
- Robinson & Co. v. MarrAppellate Court of Illinois · 1908