Miles v. Goodwin
Illinois Supreme Court
Writ of Error to the Court of Common Pleas of the city of Aurora; Hon. Benjamin F. Parks, Judge, presiding. The defendants in error, on the 17th day of June, 1861, sued out from the Court of Common Pleas of the city of Aurora, a writ of attachment against the plaintiffs.
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Writ of Error to the Court of Common Pleas of the city of Aurora; Hon. Benjamin F. Parks, Judge, presiding. The defendants in error, on the 17th day of June, 1861, sued out from the Court of Common Pleas of the city of Aurora, a writ of attachment against the plaintiffs. The attachment writ was levied upon property situate in the city of Aurora, and a judgment entered by the court without the intervention of a jury, against the defendants in the attachment, who afterwards made a motion to open the default, which was granted, and subsequently moved to dismiss the suit, on the ground of alleged…
1Opinion of the CourtChief Justice Walker
It is insisted that there are such defects in the writ and its service on Bradford S. Miles, as renders the judgment erroneous. We deem it unnecessary to examine these various objections, as they were cured, if they ever existed, by his appearance to the action. After a default was entered, he appeared and moved the court to set aside the default, which motion was allowed. He then entered a motion to dismiss the suit, which was overruled. By making these motions he fully appeared to the action, and if so, it could make no difference whether there was a defective writ or defective service, as…
2Cited by6 opinions
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- Law v. NelsonSupreme Court of Colorado · 1890
- State Ex Rel. Nevada Douglass Gold Mines, Inc. v. District Court of Seventh Judicial DistrictNevada Supreme Court · 1929
- Meilinger v. PeopleAppellate Court of Illinois · 1899
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