Leitch v. Colson
Appellate Court of Illinois
Appeal from the Superior Court of Cook county; the TIon. Sidney Smith, Judge, presiding. In January, 1877, DeWolf, then a justice of the peace, issued a summons in a suit wherein appellee, Colson, was plaintiff, and appellants, Leitch and Bernard Helly, were defendants.
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Appeal from the Superior Court of Cook county; the TIon. Sidney Smith, Judge, presiding. In January, 1877, DeWolf, then a justice of the peace, issued a summons in a suit wherein appellee, Colson, was plaintiff, and appellants, Leitch and Bernard Helly, were defendants. The summons was returned by the constable served on both defendants, and on the return-day, the defendants not appearing, judgment was entered in favor of the plaintiffs against both defendants for $132.90. Several executions were issued against both defendants,' which were returned not satisfied ; also one dated January 29,…
1Opinion of the CourtWilson, J.
The only question arising on this record which it is necessary to consider, relates to the admissibility of parol evidence to contradict the constable’s return.
Section 41, chapter 79, Rev. Stat., provides that if a summons is served on one or more but not on all the defendants, the plaintiff may proceed to trial, judgment and execution against the defendants served, and the justice shall, on application of the plaintiff, issue another summons in the nature of a scire facias against the defendants not served, requiring them to appear and show cause why he or they should not be made parties to…
2Cases cited3 opinions
- Owens v. RansteadIllinois Supreme Court · 1859
- Hunter v. StoneburnerIllinois Supreme Court · 1879
- Fitzgerald v. KimballIllinois Supreme Court · 1877
3Cited by3 opinions
- Harding v. R. S. Peale Co.Appellate Court of Illinois · 1892
- Waggoner v. GreenAppellate Court of Illinois · 1891
- Village of Desplaines v. PoyerAppellate Court of Illinois · 1887