Legal Opinion

National Insurance v. Chamber of Commerce

Illinois Supreme Court

Decided September 15, 1873PublishedCited by 21 opinions

Appeal from the Superior Court of Cook county; the Hon. William A. Porter, Judge, presiding. This was assumpsit, brought by appellee against appellant, to the October term, 1872, of the Superior Court of Cook county, based upon a policy of insurance by the latter to the former. Summons was issued September 25, 1872, to the sheriff of Cook county.

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Appeal from the Superior Court of Cook county; the Hon. William A. Porter, Judge, presiding. This was assumpsit, brought by appellee against appellant, to the October term, 1872, of the Superior Court of Cook county, based upon a policy of insurance by the latter to the former. Summons was issued September 25, 1872, to the sheriff of Cook county. The return of the sheriff shows service on the president of appellant September 26, 1872, by reading and delivering a copy thereof to him on that day, but does not say that he left a copy with the president. The record shows, however, that by leave…

1Opinion of the CourtJustice McAllister

We have given this case a careful consideration, and must rule against the appellant upon all the points made.

The errors assigned are—

1. In entering the judgment at the term and for the amount, on the proof submitted to the court, without the intervention of a jury.

2. In overruling defendant’s motion to vacate the judgment and set aside the default.

3. In allowing the sheriff to amend his return after defendant had made the want of due service a reason for setting aside the default.

4. In assessing the damages without legal proof before the court of the amount of damages.

5. The same as 4th.

It…

2Cases cited2 opinions

  1. Cook v. WoodIllinois Supreme Court · 1860
  2. O'Conner v. WilsonIllinois Supreme Court · 1870

3Cited by21 opinions

  1. Hake v. StrubelIllinois Supreme Court · 1887
  2. Hearson v. GraudineIllinois Supreme Court · 1877
  3. Hibbard v. MuellerIllinois Supreme Court · 1877
  4. Hosking v. Southern Pacific Co.Illinois Supreme Court · 1909
  5. Chicago Planing Mill Co. v. Merchants' National BankIllinois Supreme Court · 1881

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