Funk v. Hough
Illinois Supreme Court
This was an action of assumpsit, brought by the defendants here, as plaintiffs below, to recover against the plaintiff here, as defendant below, upon a special contract for the purchase and sale of cattle. Judgment by default was rendered against the defendant below for $2,192.50 damages, besides costs. From this judgment the defendant below appealed to this court.
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This was an action of assumpsit, brought by the defendants here, as plaintiffs below, to recover against the plaintiff here, as defendant below, upon a special contract for the purchase and sale of cattle. Judgment by default was rendered against the defendant below for $2,192.50 damages, besides costs. From this judgment the defendant below appealed to this court. The defendant below resided in McLean county, and a summons in the usual form was issued to McLean county; said summons was returned and filed, with a sheriff’s return indorsed thereon in words and figures as follows: Executed this…
1Opinion of the CourtBreese, J.
Two questions are made on this record. First, as to the sufficiency of the sheriff’s return to the summons, and, second, the sufficiency of the special counts in the declaration.
The objection taken to the sheriff’s return in this case, has been so frequently made of late, that we took occasion, at the last term of this court in the Second Division, to review all the cases on the point, with reference to the statutory requirement, and arrived at the conclusion, that a return, like this now before us, was a good and sufficient return, and a literal and strict compliance with the statute.…
2Cases cited2 opinions
- Cariker v. AndersonIllinois Supreme Court · 1862
- Hough v. RawsonIllinois Supreme Court · 1856
3Cited by7 opinions
- Smith v. GillettIllinois Supreme Court · 1869
- West v. CrawfordCalifornia Supreme Court · 1889
- Sanborn v. BenedictIllinois Supreme Court · 1875
- Catlin v. JonesOregon Supreme Court · 1908
- Leisure v. SmithAppellate Court of Illinois · 1973
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