Joyce v. Spafford
Appellate Court of Illinois
Assumpsit, on a joint guaranty. Appeal from the Superior Court of Cook County; the Hon. Jesse Holdom, Judge, presiding. Heard in this court at the October term, 1900. Statement.—Appellee sued the appellant and Patrick McMahon jointly, in an action of assumpsit, on their joint guaranty. Both defendants were served with process and appeared.
Read the full summary
Assumpsit, on a joint guaranty. Appeal from the Superior Court of Cook County; the Hon. Jesse Holdom, Judge, presiding. Heard in this court at the October term, 1900. Statement.—Appellee sued the appellant and Patrick McMahon jointly, in an action of assumpsit, on their joint guaranty. Both defendants were served with process and appeared. Appellee filed her declaration, declaring against the defendants jointly, and also an affidavit of her claim, under section 36 of the practice act. The defendant McMahon filed a demurrer to the declaration May 8,1900, and the same day John Joyce, the…
1Opinion of the Court
Me. Presiding Justice Adams
delivered the opinion of the court.
The case presented by the record is this: An action against two defendants jointly, service of process on both and appearance of both; an undisposed-of demurrer of one to the declaration, and final judgment by default against the other. The rule that if two or more be sued jointly and are served with process, or appear, the judgment must be against all or none, is fundamental, inflexible, and recognized by numerous decisions. Russell v. Hogan, 1 Scam. 552; Wight v. Meredith, 4 Scam. 360; Gould v. Sternburg, 69 Ill. 531; Sherburne…
2Cases cited5 opinions
- Gould v. SternburgIllinois Supreme Court · 1873
- Waugh v. SuterAppellate Court of Illinois · 1878
- Berg v. Commercial National BankAppellate Court of Illinois · 1899
- Gilmore v. German Savings BankAppellate Court of Illinois · 1900
- Roby v. UpdykeAppellate Court of Illinois · 1895