Harmon v. Campbell
Illinois Supreme Court
Dependant in error filed a bill in chancery in Champaign Circuit Court, at April term, 1861, against said plaintiff in error, to foreclose a mortgage alleged to have been executed by said Harmon to said Campbell, to secure purchase money for land described in said mortgage.
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Dependant in error filed a bill in chancery in Champaign Circuit Court, at April term, 1861, against said plaintiff in error, to foreclose a mortgage alleged to have been executed by said Harmon to said Campbell, to secure purchase money for land described in said mortgage. A rule was taken by said Campbell at said April term upon said Harmon, to answer said bill of complaint by Thursday morning of second week of said court, when said Harmon not appearing to said eause, was defaulted, and a decree jpro confesso entered. The return of the sheriff indorsed upon the summons in the eause is as…
1Opinion of the CourtCaton, C. J.
This was a bill to foreclose d mortgage, which was taken for confessed, and a decree rendered according to the prayer of the bill. The first objection made, is to the service of the process. The return is in these words: “Served this writ on the within named Augustus E. Harmon, by delivering a true copy of this with him, at his office or place of business, in person, by delivering a copy thereof to him, the 16th day of March, 1861.” The objection taken is, that the return does not show that the date given was the time of service or the time of the return. We think it does clearly show it was…
2Cases cited1 opinion
- Cariker v. AndersonIllinois Supreme Court · 1862
3Cited by4 opinions
- Boston v. NicholsIllinois Supreme Court · 1868
- Van Valkenburg v. Trustees of SchoolsIllinois Supreme Court · 1872
- Starne v. FarrAppellate Court of Illinois · 1885
- James H. Rice Co. v. AgnewAppellate Court of Illinois · 1909