Smith v. Wilson
Illinois Supreme Court
Wilson recovered a judgment against Smith before a justice of the peace, from which Smith took an appeal to the Circuit Court of Cook county. Two writs of summons were issued out of the Circuit Court, both of which were returned “ not found.” The alias writ of summons was returned on the 3rd of September, 1860. At the October term following, Smith had the suit dismissed at plaintiff’s cost for want of prosecution.
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Wilson recovered a judgment against Smith before a justice of the peace, from which Smith took an appeal to the Circuit Court of Cook county. Two writs of summons were issued out of the Circuit Court, both of which were returned “ not found.” The alias writ of summons was returned on the 3rd of September, 1860. At the October term following, Smith had the suit dismissed at plaintiff’s cost for want of prosecution. The attorney of Wilson then filed his affidavit, stating that Wilson could readily have been served with process at any time, that in his absence Smith fraudulently and…
1Opinion of the CourtBreese, J.
At the regular October term, 1860, of the Circuit Court of Cook county, a judgment was entered therein, dismissing a suit pending there by appeal, in which the defendant in error was the appellee and plaintiff below, and the plaintiff in error the appellant and the defendant below. Summons had been duly issued against the appellee, and duly returned “not found.” An alias was issued subsequently, and in proper time returned “not found.” On motion of the appellant, the suit was dismissed for want of prosecution, and a judgment rendered for costs against the appellee.
At the next November term,…
2Cases cited4 opinions
- Cook v. WoodIllinois Supreme Court · 1860
- Hooper v. SmithIllinois Supreme Court · 1857
- McDonald v. ArnoutIllinois Supreme Court · 1852
- Lucas v. FarringtonIllinois Supreme Court · 1858
3Cited by19 opinions
- People v. TielkeIllinois Supreme Court · 1913
- Cummer v. CummerAppellate Court of Illinois · 1935
- Byrne v. ClarkAppellate Court of Illinois · 1889
- Chicago Title & Trust Co. v. TiltonIllinois Supreme Court · 1912
- Spangenberg v. CharlesAppellate Court of Illinois · 1892
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