Town of Lyons v. Cooledge
Illinois Supreme Court
Appeal from the Circuit Court of Cook county; the Hon. John G. Rogers, Judge, presiding. This was a petition for mandamus, filed in the circuit court of Cook county, to compel the board of auditors of the town of Lyons to audit and certify the amount due on a certain judgment, recovered by appellees against the town, in the Superior Court, on the 7th day of July, 1870, for $6749 and costs of suit.
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Appeal from the Circuit Court of Cook county; the Hon. John G. Rogers, Judge, presiding. This was a petition for mandamus, filed in the circuit court of Cook county, to compel the board of auditors of the town of Lyons to audit and certify the amount due on a certain judgment, recovered by appellees against the town, in the Superior Court, on the 7th day of July, 1870, for $6749 and costs of suit. The answer to the petition admitted the recovery of said .judgment; that petitioners applied to the board of auditors and furnished a statement of said judgment, and requested the board to audit the…
1Opinion of the CourtJustice Baker
The judgment recovered by the appellees, in 1870, against the town of Lyons, in the Superior Court of Cook county, though irregular, was not void. Process had been issued, and served upon the supervisor of the town, as required by the act of 1861, and from the date of such service the court had such jurisdiction of the defendant that its subsequent proceedings were not void, however erroneous they may have been. It is probable the judgment by default would have been reversed on error or appeal, but the mere fact the defendant was not allowed all the time given him by law to plead to the…
2Cases cited2 opinions
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- Wallingsford v. AllenSupreme Court of the United States · 1836
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- Einstein's Sons & Leffler v. DavidsonSupreme Court of Florida · 1895
- Howard v. City of HuronSouth Dakota Supreme Court · 1894
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