Cook v. Forest
Illinois Supreme Court
The record shows that summons was issued at the suit of Forest against Cook, May 9,1854, and returned on July 5th, 1854, as having been served on May 12, 1854. A declaration was filed on the day the summons issued, and rule was entered requiring the defendant below to plead within ten days after service of a copy of the declaration. A copy of the declaration was served with the summons.
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The record shows that summons was issued at the suit of Forest against Cook, May 9,1854, and returned on July 5th, 1854, as having been served on May 12, 1854. A declaration was filed on the day the summons issued, and rule was entered requiring the defendant below to plead within ten days after service of a copy of the declaration. A copy of the declaration was served with the summons. On June 5th, Cook filed his plea, verified by oath as required by section 3, of statutes of 1853, page 173. And also gave notice of special matters constituting a good defense. On June 30th, plaintiff’s…
1Opinion of the CourtScates, C. J.
The summons issued May 9th, returnable to June vacation term, and a rule was entered to plead within ten days after service of summons and copies. Services were made May 12th. The rule given in this case expired May 23d, and before the commencement of the return term.
We are not prepared to say that such a rule day may not be fixed before the term, as we have intimated it may after the commencement of the term, in Hatch et al. v. Judson et al., 17 Ill. R. 381. Yet, in such case, a literal service, ten days before the commencement of the term, might not give ten days’ notice before pleading,…
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