Swannell v. Byers

Mb. Pbesiding Justice Smith

delivered the opinion of the court.

The record shows that at the trial, on motion of plaintiff’s attorney, all papers, pleadings and proceedings were amended by discontinuing the cause as to the defendants H. G. McCulloch and C. H. Briggs. These defendants were not served with process. It is contended by appel-' Iants that entering judgment against them only in a suit against them and other defendants who were not served, is error.

This practice has been held to be proper under section 9 of the Practice Act, Sherburne v. Hyde, 185 Ill. 580.

It appeared from the…