Filkins v. Byrne
Illinois Supreme Court
Appeal from the Circuit Court of Cook county; the Hon. Henry Booth, Judge, presiding.
1Opinion of the CourtJustice Walker
It has been repeatedly and uniformly held by this court, that a defendant, by appearing and pleading in bar, waives all defects in the service of process, or even the want of service. The rule is so elementary and familiar, that we are unable to understand why the defective return in this case is urged as error, when defendant appeared and pleaded the general issue, and thereby fully submitted to the jurisdiction of the court. There is no force in this assignment of error.
The case of O’Connor v. Leddy, 64 Ill. 299, was based upon the ground that the Practice Act for Cook county was special,…
2Cases cited1 opinion
- O'Connor v. LeddyIllinois Supreme Court · 1872
3Cited by6 opinions
- Cramer v. Illinois Commercial Men's Ass'nIllinois Supreme Court · 1913
- New York National Exchange Bank v. ReedIllinois Supreme Court · 1907
- Barth v. Farmers & Traders BankAppellate Court of Illinois · 1915
- Dailey v. Grand Lodge Brotherhood of Railroad TrainmenAppellate Court of Illinois · 1922
- Original Typewriter Circular Co. v. BuehlerAppellate Court of Illinois · 1896
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