Deutsch Roemisch Katholischer Central Verein v. Lartz
Appellate Court of Illinois
Assumpsit.—Error to the Superior Court of Cook County; the Hon. Marcus Kavanagh, Judge, presiding. Heard in this court at the October term, 1900. Statement.—This suit was originally begun by defendant in error against a defendant known as St. Hicholaus TJnterstuetzungs Verein, and afterward, by leave of court, the plaintiff in error was made a co-defendant. The record shows that both defendants appeared and demurred to the defendant in error’s narr.
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Assumpsit.—Error to the Superior Court of Cook County; the Hon. Marcus Kavanagh, Judge, presiding. Heard in this court at the October term, 1900. Statement.—This suit was originally begun by defendant in error against a defendant known as St. Hicholaus TJnterstuetzungs Verein, and afterward, by leave of court, the plaintiff in error was made a co-defendant. The record shows that both defendants appeared and demurred to the defendant in error’s narr. Afterward counsel who had filed the demurrer obtained leave of court to withdraw it and to withdraw their appearance erroneously entered as…
1Opinion of the CourtJustice Sears
The assignments of error question the sufficiency of the sheriff’s return of the summons to plaintiff in error, and the propriety of a default judgment at a time when the record disclosed a demurrer of plaintiff in error on file and undisposed of. The supplemental record filed by defendant in error disposes of both of these questions. For by it there appears an amendment of the sheriff’s return, from which it is seen that the sheriff had properly served the writ and that the court had thereby acquired jurisdiction of the person of plaintiff in error more than a year before the judgment term.…
2Cases cited9 opinions
- Church v. EnglishIllinois Supreme Court · 1876
- O'Conner v. WilsonIllinois Supreme Court · 1870
- Gebbie v. MooneyIllinois Supreme Court · 1887
- Howell v. MorlanIllinois Supreme Court · 1875
- Hawes v. HawesIllinois Supreme Court · 1864
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