Baldwin v. McClelland
Appellate Court of Illinois
Memorandum.—Two cases. Error and appeal consolidated. Appeal from an order of the Circuit Court of Cook County, denying the motion to set aside a default and vacate a judgment; the Hon. George Driggs, Judge, presiding. Heard in this court at the October term, 1893, Mr. Justice Waterman, dissenting.
1Dissent
Dissenting Opinion by
Waterman, J.
In the action, commenced by attachment, no service of process was ever had, and the personal judgment rendered, rests for its validity upon an appearance and a motion made bjr the defendant through his attorney.
It appears by copies of papers which the clerk certifies were filed in “ said court ” that on the 23d day of September, 1891, there was filed the following paper:
“ State of Illinois, j County of- Cook, }
ss.
In the Circuit Court, September Term, 1891.
John W. McClelland vs.Elias Y. Baldwin. )
We hereby enter the appearance of the above named defendant and…
2Cases cited11 opinions
- Hahn v. KellyCalifornia Supreme Court · 1868
- McKnight v. DunlopNew York Supreme Court · 1848
- Martin v. FoulkeIllinois Supreme Court · 1885
- Vail v. IglehartIllinois Supreme Court · 1873
- Vose v. HartIllinois Supreme Court · 1851
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