Ryan v. Driscoll
Illinois Supreme Court
Appeal from the Circuit Court of Cook county; the Hon. Henry Booth, Judge, presiding. This was an action of trespass, by James Driscoll, against Thomas Maiony and Patrick Ryan, for shooting and wounding the plaintiff. Halony was not found. The plaintiff’s damages were assessed at $225. The other material facts appear in the opinion.
1Opinion of the Court
Hr. Justice Scholeield
delivered the opinion of the Court:
The only question in the present case is, does the record show that the defendant was in court, so as to be bound by the judgment rendered against him?
The summons, it is claimed, was served by a special deputy. The appointment follows the form prescribed by the statute, and the return is indorsed on the summons in the words and figures following:
“ Served the within writ, on the within named Patrick Ryan, on the 18th day of Hay, A. D. 1874, by reading the same to-him, and delivering to him a true copy thereof. The other defendant not…
2Cases cited1 opinion
- Hochlander v. HochlanderIllinois Supreme Court · 1874
3Cited by6 opinions
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- O'Brien v. KrockinskiAppellate Court of Illinois · 1893
- State Ex Rel. Nevada Douglass Gold Mines, Inc. v. District Court of Seventh Judicial DistrictNevada Supreme Court · 1929
- H. Bailey & Co. v. Valley National BankAppellate Court of Illinois · 1886
- Chicago Copy Co. v. Original Manufacturing Co.Appellate Court of Illinois · 1911
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