Dunn v. Rodgers
Illinois Supreme Court
Arpear from the Circuit Court of Monroe county j the Hon. ;Silas L. Bryan, Judge, presiding. This was a bill of review, filed by Martin Dunn, in the Monroe Circuit Court against Caroline Rogers, James A. Kennedy, Sarah Cook, Margaret Cook, Ellen Cook and Thomas Cook.
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Arpear from the Circuit Court of Monroe county j the Hon. ;Silas L. Bryan, Judge, presiding. This was a bill of review, filed by Martin Dunn, in the Monroe Circuit Court against Caroline Rogers, James A. Kennedy, Sarah Cook, Margaret Cook, Ellen Cook and Thomas Cook. The bill seeks to impeach and reverse a decree previously rendered, foreclosing a mortgage executed by Alexander Cook and Sarah Cook, his wife, to the trustees of schools, T. 2, S. R. 11 W., for the interest due and unpaid on a debt owing by Cook to the school fund, on a number of tracts of land. The mortgage contained a clause,…
1Opinion of the CourtChief Justice Walker
It has been held, that the court may authorize a sheriff to amend his return, either before or after the rendition of a judgment or decree. And this, too, without notice to the opposite party of an intention to apply for leave to amend. Montgomery v. Brown, 2 Gilm. 581; Moore v. People, 3 id. 149; Johnson v. Donnell, 15 Ill. 97; Morris v. Trustees of Schools, id. 266; Turney v. Organ, 16 id. 43. The indorsement made by the sheriff is not the service, but only affords evidence of the fact? Where the sheriff amends his return, he by no means changes the fact, but simply the evidence. He makes…
2Cases cited1 opinion
- Johnson v. DonnellIllinois Supreme Court · 1853
3Cited by24 opinions
- Foreman v. CarterSupreme Court of Kansas · 1872
- Hack v. SnowIllinois Supreme Court · 1929
- O'Conner v. WilsonIllinois Supreme Court · 1870
- Dwiggins v. CookIndiana Supreme Court · 1880
- Medley v. ElliottIllinois Supreme Court · 1872
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