Legal Opinion

Turner v. Jenkins

Illinois Supreme Court

Decided September 15, 1875PublishedCited by 19 opinions

Writ of Error to the Circuit Court of Peoria county; the Hon. Sabin D. Puteebaugi-i, Judge, presiding.

1Opinion of the CourtChief Justice Scott

The fact the bill may not have been signed either by complainant or counsel, can not be insisted upon for the first time in this court. At most, it is a mere irregularity, and will be deemed to have been waived by answer, even by guardian ad litem. It is a question that pertains to practice, and the rights of an infant defendant will not be considered prejudiced if the guardian ad litem answers without suggesting the omission, which would be equivalent to an express waiver.

No substantial defect is perceived in the service upon the minor defendant. The officer returns, he served the summons by…

2Cases cited1 opinion

  1. Greenman v. HarveyIllinois Supreme Court · 1870

3Cited by19 opinions

  1. Collins v. TrotterSupreme Court of Missouri · 1883
  2. Denholm v. McKayMassachusetts Supreme Judicial Court · 1889
  3. Hemmer v. WolfedIllinois Supreme Court · 1888
  4. Crane v. StaffordIllinois Supreme Court · 1905
  5. Haworth v. HulingIllinois Supreme Court · 1877

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