Legal Opinion

Center v. Gibney

Illinois Supreme Court

Decided January 15, 1874PublishedCited by 7 opinions

Writ of Error to the Circuit Court of Menard county; the Hon. Charles Turner, Judge, presiding.

1Opinion of the CourtJustice Craig

This ivas an action of forcible detainer, brought by John Gibney, against James H. Center, before a justice of the peace of Menard county.

The complaint filed before the justice upon which summons issued does not show upon its face that it Avas sworn to. The parties appeared before the justice, and Avent to trial, no objection having been made to the complaint. The plaintiff recovered. The defendant appealed to the circuit court, and there, for the first time, entered a motion to dismiss the suit because the complaint Avas not SAvorn to. This motion the court overruled,- but no exception Avas…

2Cases cited2 opinions

  1. Dickhut v. DurrellIllinois Supreme Court · 1849
  2. Stolberg v. OhnmachtIllinois Supreme Court · 1869

3Cited by7 opinions

  1. Worley v. EhretAppellate Court of Illinois · 1976
  2. Leiferman v. OstenIllinois Supreme Court · 1897
  3. Evans v. BoutonIllinois Supreme Court · 1877
  4. Abbott v. KruseAppellate Court of Illinois · 1891
  5. Menagh v. HillAppellate Court of Illinois · 1957

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