Legal Opinion

Sidway v. Marshall

Illinois Supreme Court

Decided September 15, 1876PublishedCited by 10 opinions

Writ or Error to the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding.

1Opinion of the CourtJustice Scott

Leave was given by the court to amend the pleadings by making the name of plaintiff James D. Marshall, but if that privilege was availed of, there is nothing in the record that indicates it. The summons was in the name of John, and the declaration, filed the same day the summons was issued, was in the name of James Marshal], plaintiff’s true name. Service was in time, but there being no appearance, judgment was rendered againt defendant by default.

It is provided, in the sixth section of the chapter of the Be vised Statutes entitled “ Amendments and Jeofails,” no judgment shall be reversed,…

2Cases cited1 opinion

  1. Teutonia Life Insurance v. MuellerIllinois Supreme Court · 1875

3Cited by10 opinions

  1. Thomas v. Fame InsuranceIllinois Supreme Court · 1883
  2. Charter Bank & Trust v. NovakAppellate Court of Illinois · 1991
  3. Goodman v. City of Ft. CollinsCourt of Appeals for the Eighth Circuit · 1908
  4. Mudge ex rel. County of Madison v. RinkleAppellate Court of Illinois · 1892
  5. Chesapeake & Ohio Railway Co. v. FishAppellate Court of Illinois · 1912

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