Iglehart v. Pitcher
Illinois Supreme Court
The judgment in this case was rendered by J. M. Wilson, Judge, at vacation term of the Cook County Court of Common Pleas, in January, 1855. The judgment recites that, it appearing to the court that due personal service of summons had been had upon Iglehart, at least ten days previous to the first day of the term, but not appearing, judgment was entered, &c.
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The judgment in this case was rendered by J. M. Wilson, Judge, at vacation term of the Cook County Court of Common Pleas, in January, 1855. The judgment recites that, it appearing to the court that due personal service of summons had been had upon Iglehart, at least ten days previous to the first day of the term, but not appearing, judgment was entered, &c. Errors assigned are, that court had not jurisdiction to render judgment, because it does not appear, by the record that Iglehart was served with a copy of the declaration ten days prior to the said vacation term, and because said judgment…
1Opinion of the CourtScates, C. J.
A default being entered in the court below, for want of a plea, the only question we deem it necessary to notice is, whether it be necessary to show service of a copy of the declaration and rule to plead, to sustain the default.
We are of opinion that the statute of 1853, regulating the practice in these courts, does not require nor intend to make the service of these copies a part of the record, any more than the copies of the instruments or accounts sued on. They must be incorporated into the record by bill of exceptions. Their mere absence from the record cannot, therefore, be taken as…
2Cited by3 opinions
- Hermann v. PardrigeIllinois Supreme Court · 1875
- Baldwin v. McClellandAppellate Court of Illinois · 1893
- Bowlan v. LambkaAppellate Court of Illinois · 1895