Payne v. Taylor
Appellate Court of Illinois
Appeal from the Circuit Court of St. Clair County; the Hon. William H. Snyder, Judge, presiding. This case was tried before a justice of the peace and appealed to the Circuit Court of St. Clair County. On trial in the Circuit Court, the plaintiffs, to maintain the issues on their part, gave in evidence the following transcript of judgment of a justice of the peace: “ In Justice Court, before G. W. Morgenthaler, a justice of the peace.
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Appeal from the Circuit Court of St. Clair County; the Hon. William H. Snyder, Judge, presiding. This case was tried before a justice of the peace and appealed to the Circuit Court of St. Clair County. On trial in the Circuit Court, the plaintiffs, to maintain the issues on their part, gave in evidence the following transcript of judgment of a justice of the peace: “ In Justice Court, before G. W. Morgenthaler, a justice of the peace. Suit was brought by Willis Taylor and E. H. Burgess, for the use of A. 0. Terhune, on demand of $102.25, against J. B. Payne. Summons was issued on the 26th day…
1Opinion of the CourtPhillips, J.
The transcript showing the issue of summons and containing the recital—“ It appearing that due service was had on J. B. Payne,” must be held sufficient, prima facie, to show a finding by the court of service in time, and that the justice had jurisdiction of the person of defendant on that trial. Willoughby v. Dewey, 54 Ill. 266; Pardon v. Dwire et al., 23 Ill. 572.
The transcript containing this recital, finding the justice had jurisdiction of the person, it was properly admitted in evidence without other proof than that appearing by the recital in the transcript of service on defendant. Hor…
2Cases cited6 opinions
- Garfield v. DouglassIllinois Supreme Court · 1859
- Outlaw v. DavisIllinois Supreme Court · 1861
- Zimmerman v. ZimmermanIllinois Supreme Court · 1853
- Pardon v. DwireIllinois Supreme Court · 1860
- Crichton v. BeebeAppellate Court of Illinois · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Subim ex rel. Shirer v. IsadorAppellate Court of Illinois · 1900
- Treharne v. MatsonIndiana Court of Appeals · 1911
- Hudleson v. HutsonAppellate Court of Illinois · 1912