Burke v. Donnovan
Appellate Court of Illinois
Bill in Chancery, to foreclose a mortgage. Appeal from the Circuit Court of St. Clair County; the Hon. Alonzo S. Wilderman, Judge, presiding. Heard in this court at the February term, 1895.
1Opinion of the Court
Mr. Presiding Justice Scofield
delivered the opinion of the Court.
The principal reasons urged for a reversal are two: first, that the court did not have jurisdiction of the persons of the non-resident defendants, and could not render a decree pro confesso against them; and second, that neither the provisions of the mortgage nor the allegations of the bill were sufficient to authorize a decree for solicitor’s fees.
As a preliminary suggestion, it is stated by counsel that the affidavit of, non-residence does not show the post office address of the defendants, and that such affidavit is fatally…
2Cases cited10 opinions
- Cheltenham Improvement Co. v. WhiteheadIllinois Supreme Court · 1889
- McDaniel v. CorrellIllinois Supreme Court · 1857
- Hannas v. HannasIllinois Supreme Court · 1884
- Thormeyer v. SissonIllinois Supreme Court · 1876
- Reddick v. President of State BankIllinois Supreme Court · 1862
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3Cited by3 opinions
- In Re Estate of YoumansSupreme Court of Minnesota · 1944
- Millis v. MillisSupreme Court of Georgia · 1927
- Roby v. Chicago Title & Trust Co.Appellate Court of Illinois · 1901