Colson v. Leitch
Illinois Supreme Court
Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Superior Court of Cook county; the Hon. George Gardner, Judge, presiding. Charles D. Colson obtained a judgment, before one of the justices of the peace of Cook county, against John B. Leitch and Bernard Kelly.
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Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Superior Court of Cook county; the Hon. George Gardner, Judge, presiding. Charles D. Colson obtained a judgment, before one of the justices of the peace of Cook county, against John B. Leitch and Bernard Kelly. The summons issued by the justice of the peace was returned by the constable indorsed as having been properly served, thus professedly giving the justice of the peace jurisdiction of the persons of the defendants. Execution was issued on this judgment, and placed in the hands of a constable…
1Opinion of the CourtJustice Scholfield
Leitch’s defence to the scire facias was of a technical character, namely, that he could not be made a party to the judgment, because the record already showed that he was a party. He did not then seek to interpose any substantial defence to the cause of action, nor claim that he had been denied the opportunity to interpose such defence. He now seeks to enjoin the collection of a judgment which he insisted, then, was conclusive against him at law, and therefore insusceptible of correction. He does not deny that he owes the amount of this judgment, nor claim that he had or has any valid…
2Cases cited7 opinions
- Owens v. RansteadIllinois Supreme Court · 1859
- Gregory v. FordCalifornia Supreme Court · 1859
- Crafts v. DexterSupreme Court of Alabama · 1845
- Taggart v. WoodSupreme Court of Iowa · 1866
- Secor v. WoodwardSupreme Court of Alabama · 1845
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3Cited by35 opinions
- Farwell v. HustonIllinois Supreme Court · 1894
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- Hier v. KaufmanIllinois Supreme Court · 1890
- Wright v. SimpsonIllinois Supreme Court · 1902
- Massachusetts Benefit Life Ass'n v. LohmillerCourt of Appeals for the Seventh Circuit · 1896
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