Hamilton v. Dewey
Illinois Supreme Court
This was an action of assumpsit, brought upon a promissory note, dated and made payable at Atlanta, Logan county, Illinois. The plaintiff resides in Oook county. Hamilton and Dugger were both made defendants. A summons issued to sheriff of Cook county for both defendants. Also to sheriff of Logan county for both defendants. Summons to Cook county returned, served on Bugger, in Cook . county.
Read the full summary
This was an action of assumpsit, brought upon a promissory note, dated and made payable at Atlanta, Logan county, Illinois. The plaintiff resides in Oook county. Hamilton and Dugger were both made defendants. A summons issued to sheriff of Cook county for both defendants. Also to sheriff of Logan county for both defendants. Summons to Cook county returned, served on Bugger, in Cook . county. Hamilton not found, October 22nd, 1858. The writ to Logan county returned, served on Hamilton in Logan county, November 8th, 1858 ; also a copy of declaration in this case, served on him in Logan county,…
1Opinion of the Court
Catón, C. J.
In the case of Kenney v. Greer, 13 Ill. R. 432, this court overruled all its former decisions upon a question of practice, or rather pleading, and upon that question alone. It had always been previously held, that where the Circuit Court issued its original process, beyond its own territorial jurisdiction, the jurisdictional facts authorizing the emanation of such process, must be stated in the declaration, upon which jurisdictional facts, the defendant could take issue, if they were not true. In Kenney’s case, the rule was changed, and none of these facts were required to be…
2Cited by4 opinions
- Sandusky v. SidwellIllinois Supreme Court · 1898
- Campbell v. HudsonMichigan Supreme Court · 1895
- Goldberg v. HarneyAppellate Court of Illinois · 1905
- Harrison v. National Bank of MonmouthAppellate Court of Illinois · 1903