Herring v. Quimby
Illinois Supreme Court
WRIT or Error to the Circuit Court of Cook county, the Hon. George MaNIErre, Judge, presiding. This was an action on the case, commenced to the September term, 1860, of the Circuit Court, by Quimby and Low against Herring. The original summons in the cause, bearing teste the 12th day of July, 1860, was returned August 31st, 1860, “not found.”
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WRIT or Error to the Circuit Court of Cook county, the Hon. George MaNIErre, Judge, presiding. This was an action on the case, commenced to the September term, 1860, of the Circuit Court, by Quimby and Low against Herring. The original summons in the cause, bearing teste the 12th day of July, 1860, was returned August 31st, 1860, “not found.” Three days prior to the commencement of the October term, 1860, which was the next term succeeding that to which the original summons was made returnable, the plaintiffs below tiled their declaration. On the 11th day of May, 1861, an alias summons was…
1Opinion of the CourtChief Justice Catoh
delivered the opinion of the Court. •
This action was commenced to the September term, 1860. The declaration was filed but three days before the October term, which was the next succeeding term. The first summons was returned in October, not served. The cause was continued from term to term, till the 6th of July, which was in the June term, 1861, when a default was taken. In the meantime an alias summons was issued, returnable to the May term, which was served on the defendant. The complaint is, that the court should have non-suited the plaintiffs instead of defaulting the defendant. This is…
2Cases cited2 opinions
- Downey v. SmithIllinois Supreme Court · 1852
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