Ohio & Mississippi Railroad v. McCutchin
Illinois Supreme Court
This was an appeal from a judgment of a justice of the peace in Clay county, rendered against the railroad company on the 16th of April, 1869. Summons was issued, and the return of the constable thereon showed that the process was served on “ Charles Weir, Station Agent of the Ohio and Mississippi Railroad Company at Xenia,” etc. At the October term of the Circuit Court of Clay county, the defendant below filed a plea in abatement, and moved to dismiss the cause.
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This was an appeal from a judgment of a justice of the peace in Clay county, rendered against the railroad company on the 16th of April, 1869. Summons was issued, and the return of the constable thereon showed that the process was served on “ Charles Weir, Station Agent of the Ohio and Mississippi Railroad Company at Xenia,” etc. At the October term of the Circuit Court of Clay county, the defendant below filed a plea in abatement, and moved to dismiss the cause. The motion was overruled, and cause continued. At the March special term, the defendant below renewed the motion to dismiss the…
1Opinion of the CourtWalker, J.
We are asked in this case to review the grounds of our decision in the case of Swingley v. Haynes, 22 Ill. 216. Lest we may in that case, have overlooked some rule that might have induced a different conclusion from that announced, we cheerfully undertake the careful reconsideration of the question, and have given to it such thought and reflection as time and opportunity have permitted. The question is, whether under our statute, the Circuit Court acquired jurisdiction of a party, not served with process before a justice of the. peace, but who appeals from a judgment rendered by the justice.…
2Cases cited2 opinions
- Vaughan v. ThompsonIllinois Supreme Court · 1853
- Ballard v. McCartyIllinois Supreme Court · 1850
3Cited by6 opinions
- President of Jacksonville v. BlockIllinois Supreme Court · 1865
- Ewbanks v. President of AshleyIllinois Supreme Court · 1864
- Eckels v. WolfAppellate Court of Illinois · 1894
- Seymour-Danne Co. v. JenningsAppellate Court of Illinois · 1900
- Rush v. Lung SanitariumSupreme Court of Colorado · 1940
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