Klemm v. Dewes
Illinois Supreme Court
This action was commenced June 2, A. D. 1868, in the Circuit Court of Cook county. " The precipe and declaration are entitled of October term,, A. D. 1858. The summons was dated June 2,1858, and was in assumpsit, and Returnable on the fourth Monday of June,. 1858. The precipe, summons, and declaration, are all in favor of Eobert Dewes, plaintiff, against Daniel T. Elston, William H. Davis, Orrin J. Eose and Otho Klemm, as joint defendants.
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This action was commenced June 2, A. D. 1868, in the Circuit Court of Cook county. " The precipe and declaration are entitled of October term,, A. D. 1858. The summons was dated June 2,1858, and was in assumpsit, and Returnable on the fourth Monday of June,. 1858. The precipe, summons, and declaration, are all in favor of Eobert Dewes, plaintiff, against Daniel T. Elston, William H. Davis, Orrin J. Eose and Otho Klemm, as joint defendants. The summons was returned 5th June, 1858, served upon Elston, Davis and Eose, and not found as to Klemm. On the 30th day of June, 1858, default and…
1Opinion of the CourtWalker, J.
The summons was against four defendants. It was served on three only, and returned not found as to the other. Eo appearance was entered by the defendant not served, but a default was taken against all the defendants. Afterwards, and before a final judgment was entered on the default, the record shows that defendants entered a motion to set aside the default, which does not appear to have been disposed of, but a judgment was rendered on the default. It ‘is urged, that the entry of this motion cured the error of taking a default against a defendant not. served, and who had not entered his…
2Cited by7 opinions
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- Gill v. PeopleIllinois Supreme Court · 1866
- Thomson v. PatekIllinois Supreme Court · 1908
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