Collier v. Grey
Appellate Court of Illinois
Trespass on the Case.—Error to the Superior Court of Cook County; the Hon. Axel Chytraus, Judge presiding. Heard in this court at the March term, 1902. Plaintiff in error filed a praecipe in an action on the case against the defendant in error November 20, 1900. • A summons was issued the same day, but was never served.
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Trespass on the Case.—Error to the Superior Court of Cook County; the Hon. Axel Chytraus, Judge presiding. Heard in this court at the March term, 1902. Plaintiff in error filed a praecipe in an action on the case against the defendant in error November 20, 1900. • A summons was issued the same day, but was never served. March 1, 1901, the defendant, by her attorney, entered a special appearance in this cause for the sole purpose of moving the court to dismiss the suit for failure of the plaintiff to file his declaration, as by statute required. Such motion was made on the same day, and the…
1Opinion of the Court
Mr. Presiding Justice Ball
delivered the opinion of the court.
Sec. 18, Ch. 110, R. S., “ Practice ” provides, in effect, that unless the declaration is filed ten days defore the term of court at which the summons is made returnable, the defendant may have a continuance; “ and if no declaration shall be filed ten days before the second term of the court, the defendant shall be entitled to a judgment, as in case of a non-suit.” When the motion to dismiss this suit was allowed the defendant had not been served, nor had her appearance been entered except specially for the sole purpose of making…
2Cases cited4 opinions
- Herring v. QuimbyIllinois Supreme Court · 1863
- Chicago City Railway Co. v. RoachIllinois Supreme Court · 1899
- English v. WilkinsIllinois Supreme Court · 1896
- Emig v. MedleyAppellate Court of Illinois · 1897
3Cited by1 opinion
- Lapka v. Chicago City Railway Co.Appellate Court of Illinois · 1908