Eckels v. Wolf
Appellate Court of Illinois
Memorandum.—Forcible detainer. In the Circuit Court of Cook County, on appeal from justice’s court; the Hon. Richard W. Clifford, Judge, presiding. Trial by jury; verdict of guilty; judgment; error by defendant. Heard in this court at the October term, 1894, and affirmed.
1Opinion of the CourtJustice Gary
delivered'the opinion of the Court.
This is an action of forcible detainer, appealed by the plaintiff in error to the Circuit Court, from a judgment of a justice.
The bill of exceptions shows that the plaintiff in error, who was defendant below, objected to the impaneling of a jury, on the ground that the justice, and therefore the Circuit Court, had no jurisdiction; and his position on that matter is, that there being no legal service of the summons, and the judgment before the justice being by default, jurisdiction failed. The appeal gave the Circuit Court jurisdiction, if the justice had…
2Cases cited2 opinions
- Stolberg v. OhnmachtIllinois Supreme Court · 1869
- Ohio & Mississippi Railroad v. McCutchinIllinois Supreme Court · 1861
3Cited by1 opinion
- Leiferman v. OstenAppellate Court of Illinois · 1896