Davidson v. Bond
Illinois Supreme Court
The record in this case shows, that William Russell, now deceased, in his life túne, by his attorney filed in the office of the clerk of the Circuit Court of Clinton County a precipe and declaration in assumpsit, on the 16th day of June, 1846, against several defendants. A summons was issued, returnable at the September term, 1846, of that Court, which was returned served, on four of six defendants, on the return day of the summons, and returned not served on the other two.
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The record in this case shows, that William Russell, now deceased, in his life túne, by his attorney filed in the office of the clerk of the Circuit Court of Clinton County a precipe and declaration in assumpsit, on the 16th day of June, 1846, against several defendants. A summons was issued, returnable at the September term, 1846, of that Court, which was returned served, on four of six defendants, on the return day of the summons, and returned not served on the other two. On the following day, an appearance was entered for four of the defendants, and subsequently a default for failing to…
1Opinion of the CourtCaton, J.
On the return day of the summons it was served
on all of the defendants. During the term to which the summons was returnable the appearance of four of the defendants was entered. At the same term a default was entered and judgment rendered against the four defendants whose appearance had been entered, and no notice taken of the other two defendants who had been served with process. This was unquestionably erroneous. At the common law, in action upon a joint contract or obligation, the judgment must be rendered against all or none of the defendants, and this has only been changed by our…
2Cited by15 opinions
- Handley v. Unarco Industries, Inc.Appellate Court of Illinois · 1984
- Brown v. First Nat. BankCourt of Appeals for the Eighth Circuit · 1904
- Kingsland v. KoeppeIllinois Supreme Court · 1891
- Schweickhardt v. City of St. LouisMissouri Court of Appeals · 1876
- Williams v. BreitungIllinois Supreme Court · 1905
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