Stephens v. Cross
Illinois Supreme Court
The plaintiffs in error commenced a suit before" a justice of the peace in Perry county, on an account under $100 against the defendant in error and Richard Brown, which account was for goods sold by the plaintiffs to the said Cross and Brown as partners.
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The plaintiffs in error commenced a suit before" a justice of the peace in Perry county, on an account under $100 against the defendant in error and Richard Brown, which account was for goods sold by the plaintiffs to the said Cross and Brown as partners. The defendant in error was regularly served with process in the suit so commenced before the justice, but although both defendants were named in the summons, and the summons was regular in form, Brown was not served with process, nor did he appear or in anywise waive the service of the process or confess judgment, but the justice on the day…
1Opinion of the CourtWalker, J.
Plaintiffs in error instituted a suit before a justice of the peace of Perry county, on an account against defendant in error, and Richard Brown, as partners. The summons was regularly served on defendant in error, but Brown was not served, nor did he enter his appearance before the justice of the peace. The plaintiffs in error proceeded to trial, and recovered a judgment against both defendants. An appeal was prosecuted to the Circuit Court, .and on motion of defendants in error the suit was dismissed. The plaintiffs prosecute this writ of error to reverse that judgment.
The 26th section of…
2Cited by3 opinions
- President of Jacksonville v. BlockIllinois Supreme Court · 1865
- Gormley v. HartrayAppellate Court of Illinois · 1903
- Budd v. WagnerAppellate Court of Illinois · 1930