Corbin v. Turrill
Illinois Supreme Court
This action was commenced to the February term, 1856, but service was not made at that term. Alias summons was made returnable to the April term; was served 31st March. On the 4th day of June, the general issue was filed by leave of the court, and an affidavit of merits.
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This action was commenced to the February term, 1856, but service was not made at that term. Alias summons was made returnable to the April term; was served 31st March. On the 4th day of June, the general issue was filed by leave of the court, and an affidavit of merits. No further order was taken until the 10th day of September, when the plea was stricken from the file and a default entered, and on the 12th day of September the damages were assessed by the court, and judgment rendered for $149, or thereabouts.
1Opinion of the CourtBreese, J.
Taking judgment by default in this case was irregular. The action was brought to a regular trial term of the Common Pleas of Cook county, and is, of course, governed by the provisions of the act, to regulate the practice in that court, approved February 12th, 1853. 1 Purple’s Stat. 322.
By section three of that act, it is provided that any party having commenced suit in said court, “ shall be entitled to a default at any vacation term, upon proof of due service of process upon the defendant, and a copy of the declaration with a rule to plead at least ten days before such term,'unless such…
2Cases cited1 opinion
- Castle v. JudsonIllinois Supreme Court · 1856
3Cited by1 opinion
- Milburn v. City of Cedar RapidsSupreme Court of Iowa · 1861