Mattingly v. Darwin
Illinois Supreme Court
This was an action of trover, brought in the Circuit Court of Randolph county, by the appellee, who was plaintiff, against the appellant, defendant. The cause was tried by the court, without a jury, by consent of parties, at the term which was held in the month of October, 1859, ensuing, by. virtue of the order and appointment set out in the opinion following.
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This was an action of trover, brought in the Circuit Court of Randolph county, by the appellee, who was plaintiff, against the appellant, defendant. The cause was tried by the court, without a jury, by consent of parties, at the term which was held in the month of October, 1859, ensuing, by. virtue of the order and appointment set out in the opinion following. The writ commands the defendant to answer the plaintiff “ in an action of trover, damages $1,000,” and the following is a part of the plaintiff’s declaration : Leonidas A. Darwin complains of Joseph B. Mattingly, who has been summoned…
1Opinion of the CourtCaton, C. J.
The first question to be considered is, whether the appointment of the special term, at which this cause was tried, was valid or a nullity. The law under which that term was appointed is as follows :
“ The circuit judges of the several judicial circuits of this State, shall have power in vacation, and they are required to appoint a special term of the court in any of the counties comprising their respective circuits, whenever it may be necessary for the prompt and efficient administration of justice; and whenever any special court shall be held, the clerk of said court shall give the sheriff…
2Cited by5 opinions
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