Dart v. Hercules
Illinois Supreme Court
Appeal from the County Court of Livingston county, the Hon. John Duff, County Judge, presiding. This was an action of ejectment for the recovery of the N. W. N. E. 18, T. 27 N. R. 8 E., 3d principal meridian, commenced by Christopher Hercules against George E. Dart and A. J. Lothery, in the Livingston County Court.
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Appeal from the County Court of Livingston county, the Hon. John Duff, County Judge, presiding. This was an action of ejectment for the recovery of the N. W. N. E. 18, T. 27 N. R. 8 E., 3d principal meridian, commenced by Christopher Hercules against George E. Dart and A. J. Lothery, in the Livingston County Court. Service of the declaration and notice was proved to have been made on defendants on the 21st day of May, 1863. The declaration and notice were filed on the 1st day of June following. Afterwards, in vacation, the defendants pleaded to the action, and at the September term of the…
1Opinion of the CourtChief Justice Walker
The only purpose of original process is to bring parties into court. And when the defendant enters his appearance, the object is accomplished, and it is not material whether the summons issued in the case was defective or not, or even whether it is ever issued. By an appearance to the action, the court acquires jurisdiction of the person of defendant as fully as it can be had by summons, with proper service. When he appears in the case it is an admission that he has been duly served, or that he waives service; and all the proceedings of the court in the case are as valid and binding as if the…
2Cited by5 opinions
- Baldwin v. McClellandIllinois Supreme Court · 1894
- In re Marriage of KelsoAppellate Court of Illinois · 1988
- Busch v. DonohueMichigan Supreme Court · 1875
- Matthews v. GoodrichIndiana Supreme Court · 1885
- Norris v. Merchants National BankAppellate Court of Illinois · 1889