King v. Mitchell
Appellate Court of Illinois
Assumpsit. —Common Counts. Trial in the Superior Court of Cook County; the Hon. Jonas Hutchinson, Judge, presiding. Finding and judgment for plaintiff; error by defendant. Statement by the Court.—February 24, 1896, John Mitchell commenoecl an action of assumpsit against John King, the plaintiff in error. The summons issued at that date was returned April 14, 1896, indorsed by the sheriff, “ Received too late for service.”
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Assumpsit. —Common Counts. Trial in the Superior Court of Cook County; the Hon. Jonas Hutchinson, Judge, presiding. Finding and judgment for plaintiff; error by defendant. Statement by the Court.—February 24, 1896, John Mitchell commenoecl an action of assumpsit against John King, the plaintiff in error. The summons issued at that date was returned April 14, 1896, indorsed by the sheriff, “ Received too late for service.” Other summonses were issued April 14, May 21 and September 28, 1896, none of which was served. August 5, 1898, a summons was issued returnable to the September term, 1898,…
1Opinion of the CourtJustice Adams
Before the cause was called for hearing, appellee’s counsel moved the court to strike the bill of exceptions from the record, and filed an elaborate argument in support of the motion.
Counsel for appellee contend that the sections of the practice act allowing exceptions to the decisions of trial courts do not include exceptions to matters occurring after final judgment and at a term subsequent to the term in which the judgment is rendered. This contention is erroneous. Section 59 of the practice'act is as follows :
“ If, during the progress of any trial in any civil cause, either party shall…
2Cases cited5 opinions
- Claflin v. DunneIllinois Supreme Court · 1889
- Green v. McMurtrySupreme Court of Kansas · 1878
- Peak v. ShastedIllinois Supreme Court · 1859
- Stoetzell v. FullertonIllinois Supreme Court · 1867
- Reilly v. . HartNew York Court of Appeals · 1892
3Cited by1 opinion
- Domitski v. American Linseed Co.Illinois Supreme Court · 1906