Cooper v. McNeil & Higgins Co.
Appellate Court of Illinois
1st error to the Superior Court of Cook County; the Hon.' John P. Altg-eld, Judge, presiding. An action of assumpsit was begun in the Superior Court of Cook County against H. F. Cooper and W. D. Cooper as co-partners. A writ of attachment in aid being issued, summons was served on W. D. Cooper by the sheriff of Cook County.
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1st error to the Superior Court of Cook County; the Hon.' John P. Altg-eld, Judge, presiding. An action of assumpsit was begun in the Superior Court of Cook County against H. F. Cooper and W. D. Cooper as co-partners. A writ of attachment in aid being issued, summons was served on W. D. Cooper by the sheriff of Cook County. Thereafter the sheriff of Kane County returned a summons directed to that county, duly served upon H. F. Cooper; he afterward returned upon a writ of attachment directed to Kane County, that he had received $175.33 from H. F. Cooper to apply on said writ. Also that he had…
1Opinion of the CourtWaterman, P. J.
The rule that in actions 'ex contractu the judgment must be against all who are served or appear, or none, has always 'existed in this State. Kimmel v. Shultz, Beecher’s Breese, 169; Russell v. Hogan, 1 Scam. 552; Hoxey v. Macoupin County, 2 Scam. 36; McConnell v. Swailes, 2 Scam. 571; Tolman v. Spaulding, 3 Scam. 13; Frink v. Jones, 4 Scam. 170; Wight v. Meredith, 4 Scam. 360; Dow v. Rattle, 12 Ill. 372; Fuller v. Robb, 26 Ill. 246; Gribbin v. Thompson, 28 Ill. 61; Briggs v. Adams, 31 Ill. 486; Faulk v. Kellums, 54 Ill. 188; Kimball & Ward v. Tanner, 63 Ill. 520; Byers v. First Nat. Bank of…
2Cases cited11 opinions
- Faulk v. KellumsIllinois Supreme Court · 1870
- Byers v. First National BankIllinois Supreme Court · 1877
- Felsenthal v. DurandIllinois Supreme Court · 1877
- Fuller v. RobbIllinois Supreme Court · 1861
- Waugh v. SuterAppellate Court of Illinois · 1878
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3Cited by3 opinions
- Grace v. Casey-Grimshaw Marble Co.Appellate Court of Illinois · 1896
- Teich v. AyerAppellate Court of Illinois · 1918
- Decatur Fruit Growers Ass'n v. Kansas City Southern Railway Co.Appellate Court of Illinois · 1910