Lucas v. Farrington
Illinois Supreme Court
Debt by note in the Washington Circuit Court, brought by defendant in error against plaintiff in error. Declaration in the usual form; amount of debt, $372.55 ; damages, $200. Summons in debt, issued 4th March, 1857, against plaintiff in error, in favor of defendant in error, plaintiff in the court below, for $372.55 ; damages, $100 ; returnable to March term, A. D. 1857, of said court. Returned, “ Not served.”
Read the full summary
Debt by note in the Washington Circuit Court, brought by defendant in error against plaintiff in error. Declaration in the usual form; amount of debt, $372.55 ; damages, $200. Summons in debt, issued 4th March, 1857, against plaintiff in error, in favor of defendant in error, plaintiff in the court below, for $372.55 ; damages, $100 ; returnable to March term, A. D. 1857, of said court. Returned, “ Not served.” On the 21st day of May, 1857, another summons issued from said court against plaintiff, and in favor of defendant, returnable to August term of said court. Returned, “ Served,” on the…
1Opinion of the CourtBreese, J.
We cannot know whether the Circuit Court decided correctly or not, in refusing to dismiss the suit for want of a bond for costs, the affidavit on that motion not having been made a part of the record, by bill of exceptions. Nor does the record show that any exception was" taken to the decision of the court overruling the motion. This objection, therefore, is not properly before this court. Selby v. Hutchinson, Adm'r, 4 Gilm. R. 326. The fact that the clerk has copied the affidavit into the record, does not make it a part of the record. McDonald v. Arnout, 14 Ill. R. 58.
The demurrer to the…
2Cited by4 opinions
- Smith v. WilsonIllinois Supreme Court · 1861
- Santiago v. E.W. Bliss Co.Illinois Supreme Court · 2012
- Parmelee v. RaymondAppellate Court of Illinois · 1892
- Cully v. People ex rel. DunlapAppellate Court of Illinois · 1898