Legal Opinion

Wilkins v. English

Appellate Court of Illinois

Decided October 31, 1895PublishedCited by 1 opinion

Assumpsit.—Appeal from the Circuit Court of Cook County; the Hon. Frank Baker, Judge, presiding. Heard in this court at the October term, 1895.

1Opinion of the Court

Mr. Presiding Justice Gary

delivered the opinion of the Court.

October 5, 1894, the appellants sued ont of the Circuit Court a summons against the appellee in an action of assumpsit. It was served on the appellee October 10,1894. The terms of the Circuit Court begin on the third Monday of each month. The third Monday of October was the 15th day of the month; of November, the 19th.

The statute, Sec. 8, Ch. 110, provides that the summons or capias may be served, “ at any time before, or on the return day; but if not served ten days before the return day thereof, the defendant shall be entitled to…

2Cases cited3 opinions

  1. Waidner v. PaulyIllinois Supreme Court · 1892
  2. Herring v. QuimbyIllinois Supreme Court · 1863
  3. Howell v. Albany City InsuranceIllinois Supreme Court · 1871

3Cited by1 opinion

  1. Beck Bros. v. Independent Brewing Ass'nAppellate Court of Illinois · 1895

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