Evans v. Gill
Illinois Supreme Court
This was an action of assumpsit by Gill and company against Evans and Smalley, on an indorsed note. The declaration also embraced the common counts. A summons was issued against Evans and Smalley, returnable at March term, 1858, of the Marion Circuit Court. Service was made on Evans on the 25th of February, which was more than ten days prior to the 1st day of term, and on Smalley on the 27th day of February, which was less than ten days before the first day of term.
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This was an action of assumpsit by Gill and company against Evans and Smalley, on an indorsed note. The declaration also embraced the common counts. A summons was issued against Evans and Smalley, returnable at March term, 1858, of the Marion Circuit Court. Service was made on Evans on the 25th of February, which was more than ten days prior to the 1st day of term, and on Smalley on the 27th day of February, which was less than ten days before the first day of term. The court, Omelveney, Judge, presiding, rendered a judgment against Evans, by default, for $504.18, and ordered execution. A…
1Opinion of the CourtWalker, J.
At the common law where several defendants are sued upon a joint contract, the plaintiff was not entitled to judgment against any of them, until all were served with process, or until those not served were prosecuted to outlawry. Our statute has provided, that defendants shall be served at least ten days before the term, to authorize the plaintiff to proceed to judgment. But to remedy the inconveniences of the common law practice, it has provided that a return of non est inventus as to a part of the defendants shall authorize the plaintiff to proceed to trial and judgment against those upon…
2Cases cited1 opinion
- Davidson v. BondIllinois Supreme Court · 1850
3Cited by3 opinions
- Haynie v. DickensIllinois Supreme Court · 1873
- Fleming v. RossAppellate Court of Illinois · 1906
- O'Donnell v. TurnesAppellate Court of Illinois · 1916