Hall v. Marks
Illinois Supreme Court
Writ of Error to the Circuit Court of De Kalb county; the Hon. Theodore D. Murphy, Judge, presiding. ■ This was an action of assumpsit commenced in the De Kalb Circuit Court by Llewellyn Marks against William Hall, in vacation, after the February Term, 1863. The declaration contained a count on a promissory note and the common counts, and was filed in the office of the clerk of the Circuit Court on the 20th day of August, 1863. A summons was issued on that date to the…
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Writ of Error to the Circuit Court of De Kalb county; the Hon. Theodore D. Murphy, Judge, presiding. ■ This was an action of assumpsit commenced in the De Kalb Circuit Court by Llewellyn Marks against William Hall, in vacation, after the February Term, 1863. The declaration contained a count on a promissory note and the common counts, and was filed in the office of the clerk of the Circuit Court on the 20th day of August, 1863. A summons was issued on that date to the sheriff, summoning defendant to appear and answer the declaration, but fixing no time; and also notifying him that if he…
1Opinion of the CourtChief Justice Walker
The constitutionality of the sixth and seventh sections of the act regulating the practice in the thirteenth judicial circuit is questioned by the assignment of errors upon this record. Those sections declare that when suit is brought upon a written instrument, only for the payment of money, a copy of the declaration may be served with the summons, and a notice to the defendant, that unless he shall appear and plead within twenty days, a judgment will be rendered against him for the amount that is due on the instrument. And if the defendant, after such service, shall fail to appear and plead…
2Cited by19 opinions
- State ex rel. Hovey v. NobleIndiana Supreme Court · 1889
- Owners of Lands v. People ex rel. StookeyIllinois Supreme Court · 1885
- Agran v. Checker Taxi Co.Illinois Supreme Court · 1952
- Shoultz v. McPheetersIndiana Supreme Court · 1881
- State v. Sureties of KrohneWyoming Supreme Court · 1893
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