O'Conner v. Mullen
Illinois Supreme Court
This was an action upon a hail bond, returned into the Sangamon county Circuit Court, at November term, 1848. The return of the summons showed service upon Boyd, and that O’Conner was not found.
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This was an action upon a hail bond, returned into the Sangamon county Circuit Court, at November term, 1848. The return of the summons showed service upon Boyd, and that O’Conner was not found. During the same term the following order and judgment was entered: “This day came the plaintiff, by his attorney, and it appearing to the satisfaction of the Court that the defendants has been regularly served with process, and he being three times solemnly called, came not,” &c., “ it is ordered by the Court that the plaintiff recover of and from the said defendants the debt in the plaintiff’s…
1Opinion of the Court
Opinion by Mr. Justice Trumbull :
This was an action of debt upon a bail bond. Boyd alone was served with process." Judgment by default was entered against the ££ defendants,” for the debt, in the declaration mentioned, and the record then recites that, ££ because the debt is unknown to the Court, it is ordered that the clerk make an assessment,” which he did, and reported the same to be two hundred dollars ; whereupon the Court adjudged, ££ that the plaintiff recover of and from the defendant the sum of two hundred dollars aforesaid, together with his costs.”
This judgment was clearly…
2Cited by2 opinions
- Union Trust Co. v. Rockford, R. I. & St. L. R.U.S. Circuit Court for the Northern District of Illnois · 1874
- Voltz v. HarrisIllinois Supreme Court · 1866