Rockwell v. Jones
Illinois Supreme Court
This was an action of trespass quare clausum fregit, brought in the Circuit Court by the appellees, who were plaintiffs, against the appellants, defendants. The declaration alleged that the defendants “ on the 1st day of October, A. D. 1857, and on divers other days and times,” etc., “ with force and arms, broke and entered the close of said plaintiff, Eliza R. Jones,” etc. Defendants denied the trespass, pleading the general issue.
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This was an action of trespass quare clausum fregit, brought in the Circuit Court by the appellees, who were plaintiffs, against the appellants, defendants. The declaration alleged that the defendants “ on the 1st day of October, A. D. 1857, and on divers other days and times,” etc., “ with force and arms, broke and entered the close of said plaintiff, Eliza R. Jones,” etc. Defendants denied the trespass, pleading the general issue. By consent of the parties, the case was tried by the court, O’Melveny, Judge, presiding, without a jury, at the September term, A. D. 1858, and a verdict and…
1Opinion of the CourtWalker, J.
It was objected that the scire facias read in evidence, was insufficient to give the court jurisdiction, to render a judgment for the foreclosure of the mortgage. It is true that it did not, in terms, require the sheriff to summon the defendant, but it required him to make known to defendant that he should show cause why a judgment should not be rendered. It in that respect adopted the language of the statute, giving and regulating foreclosures in this mode, and when the statutory requirements have been literally adopted, it must be held sufficient. That the command was, that he make known by…
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- Magnusson v. CronholmAppellate Court of Illinois · 1893
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