Legal Opinion
Waggoner v. Green
Appellate Court of Illinois
Decided June 2, 1891PublishedCited by 2 opinions
In error to the Superior Court of Cook Coimty; the Hon. Joseph E. Gary, Judge, presiding.
1Opinion of the CourtWaterman, J.
It must be presumed plaintiff in error was duly served with process; the return of the sheriff is at law conclusive in this regard. Harrison v. Hart, 21 Ill. App. 348; Lutch v. Colson, 8 Ill. App. 458; Fitzgerald v. Kimball, 86 Ill. 396; Hunter v. Stoneburner, 92 Ill. 75.
nevertheless the judgment rendered must he reversed, because it appears from the record that the plaintiff below was not entitled to take the judgment he did. Garden City Ins. Co. v. Stewart, 79 Ill. 259.
Only a blank form for a declaration -was filed; this it is admitted can not he considered a declaration, but it is insisted…
2Cases cited5 opinions
- Hunter v. StoneburnerIllinois Supreme Court · 1879
- Fitzgerald v. KimballIllinois Supreme Court · 1877
- Harrison v. HartAppellate Court of Illinois · 1886
- Leitch v. ColsonAppellate Court of Illinois · 1881
- Garden City Insurance v. StayartIllinois Supreme Court · 1875
3Cited by2 opinions
- West Chicago Street Railway Co. v. KruegerAppellate Court of Illinois · 1897
- Mansfield v. Honduras Co.Appellate Court of Illinois · 1896