Johnson v. Noble

Plaintiff in error filed a praecipe in assumpsit against the defendant in error on November 27, 1889. A summons was issued, but was never served or returned into court. On April 16, 1890, defendant "appeared by attorney, and on April 19th, on motion of said defendant’s attorney, the suit was dismissed for want of a declaration. This was error. The plaintiff has until ten days before the second term after service to file his declaration. Herring v. Quimby, 31 Ill. 153.

“The object of the statute is to hasten proceedings, and not allow a plaintiff to keep a defendant attending in court from term…