Bennett v. Roys
Illinois Supreme Court
Appeal from the Circuit Court of Cook county; the Hon. E. F. Dunne, Judge, presiding. The appellant, on March 19, 1904, made a motion that a writ of restitution issue to restore him to the possession of certain premises located in Cook county; also to quash a writ of assistance, by virtue of which the appellant had been removed from the possession of the said premises.
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Appeal from the Circuit Court of Cook county; the Hon. E. F. Dunne, Judge, presiding. The appellant, on March 19, 1904, made a motion that a writ of restitution issue to restore him to the possession of certain premises located in Cook county; also to quash a writ of assistance, by virtue of which the appellant had been removed from the possession of the said premises. The court overruled the motion and refused to order said writ of restitution to issue or to quash said writ of assistance, and appellant has brought the record to this court for review by appeal. It appears from the record that…
1Opinion of the CourtJustice Hand
The petition of appellee filed under the Burnt Records act was sworn to by appellee before a notary public in the State of Indiana, who failed to certify in his jurat that under the statutes of said State he was authorized to administer oaths, and it is urged the court for that reason failed to acquire jurisdiction to hear and determine the cause made by the petition, and that the decree entered in said proceeding against the appellant by reason of that fact is void. We do not agree with such contention. The appellant, when served with process, appeared and demurred to said petition, but…
2Cases cited5 opinions
- Sutherland v. HankinsIndiana Supreme Court · 1877
- Figge v. RowlenIllinois Supreme Court · 1900
- Gage v. Du PuyIllinois Supreme Court · 1889
- In re MillerNebraska Supreme Court · 1891
- King v. HainesIllinois Supreme Court · 1860
3Cited by1 opinion
- Matthews v. DonerIllinois Supreme Court · 1920