Daines v. Tarabusi

"Wiest, J.

Plaintiffs declared defendant’s rights under a land contract forfeited, for default in payment, and commenced a summary proceeding before a circuit court commissioner to obtain possession of the land. Before the commissioner defendant, by attorney, appeared specially and objected to the jurisdiction of his person under substituted service of process, claiming the order authorizing publication was void. The commissioner determined that plaintiffs were entitled to have restitution of the premises and found the amount due under the contract. Defendant took a general appeal to the…