Darby v. McConnel
Illinois Supreme Court
A special term of the Morgan Circuit Court, was in vacation appointed to be held in November, 1851, by the judge of that court, under the provisions of the fiftieth “section of the act in relation to Courts, in Revised Statutes of 1845, page 149. After the appointment of said special term, Darby sued Mc-Connel, filed his declaration, and obtained service of process, returnable to said special term, more than ten days before the commencement thereof.
Read the full summary
A special term of the Morgan Circuit Court, was in vacation appointed to be held in November, 1851, by the judge of that court, under the provisions of the fiftieth “section of the act in relation to Courts, in Revised Statutes of 1845, page 149. After the appointment of said special term, Darby sued Mc-Connel, filed his declaration, and obtained service of process, returnable to said special term, more than ten days before the commencement thereof. At said special term McConnel entered his motion to dismiss the suit for want of jurisdiction, and because the plaintiff had no right to have…
1Opinion of the Court
Catón, J.
The only question in this case is, whether,process which is sued out after the judge in vacation has appointed a special term of the Circuit Court, shall be made returnable to the special term or to the succeeding general term. The appointment of this special term was authorized by the 50th section of the chapter entitled Courts, which says that “ all process which may have been made returnable to the regular term shall be deemed in law returnable to the said special term appointed as aforesaid.” It was decided, in Rucker v. Collins, (11 Ill. 223,) that under this provision process…
2Cases cited1 opinion
- Rucker v. FullerIllinois Supreme Court · 1849
3Cited by2 opinions
- Bunn v. Commercial BankSupreme Court of Georgia · 1896
- Hall v. First National BankCourt of Appeals of Kansas · 1897