Claflin v. Dunne
Illinois Supreme Court
Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding.
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Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding. On the 20th day of January, 1887, appellee, Edward F„ Dunne, recovered a judgment in an action of assumpsit, in-, the Superior Court of Cook county, against Horace B. Claflin, Edward C. Eames,' Horace J. Fairchild, William S. Dunne, Dexter N. Force, Daniel Robinson and John Claflin, for the-sum of $2500. On the 22d day of May, 1888, John Claflin,. as executor of the estate of Horace B. Claflin, filed a motion, to set aside…
1Opinion of the CourtJustice Craig
The first inquiry presented by the record for determination is, whether the judgment rendered against Horace B. Clafiin is void, or is it voidable, only. It will be observed that this is not a case, in its facts, where the action was instituted against a dead person, and a judgment followed. In such a ease it may be conceded that the judgment would be void, on the ground that the court never acquired jurisdiction of the person of the defendant; but this case stands upon a different basis, and must be decided upon different grounds. Here the action was commenced while Claflin was alive. He…
2Cases cited8 opinions
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- Coleman v. McAnultySupreme Court of Missouri · 1852
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3Cited by49 opinions
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