Legal Opinion · Concurrence

H & H Investments v. Green Tree Servicing, LLC

Appellate Court of Illinois

Decided October 27, 2005No. 3—04—0777Published

1Concurrence

JUSTICE McDADE,

specially concurring in part and dissenting in part:

The majority’s conclusion that “the record is devoid of any evidence that notice by publication was properly made on *** Conseco” (361 Ill. App. 3d at 507) is based exclusively on section 1 of the Notice by Publication Act (715 ILCS 5/1 (West 2002)). I write separately to observe that the certificate of the publisher is not the only or even the best evidence of publication. For example, I would not find insufficient evidence of publication if the publisher provided live testimony rather than completing the certificate of…

2Cases cited1 opinion

  1. Haugan v. City of ChicagoIllinois Supreme Court · 1913

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