Law v. Grommes
Appellate Court of Illinois
Memorandum.—Debt. In the Circu:t Court of Cook County; the Hon. Samuel P. McConnell, Judge, presiding. Judgment by default for want of plea; error by the defendant. Heard in this court at the October term, 1894, and affirmed.
1Opinion of the CourtJustice Shepard
A judgment by default was rendered in the Circuit Court in an action of debt upon a foreign judgment.
The sheriff’s return upon the summons shown in the record was, omitting signature, as follows:
“ Served this writ on the within named Robert Law, by delivering a copy thereof to him this 10th day of April, 1891.”
The summons was made returnable to the April term, 1891, of the Circuit Court, and that term beginning on April SOth, the service, if good, was in time for the term to which the writ was returnable.
The declaration, however, was not filed until April 11, 1891, which was one day too late…
2Cases cited9 opinions
- Peck v. LaRoche & SonSupreme Court of Georgia · 1890
- Botsford v. O'ConnerIllinois Supreme Court · 1870
- Turner v. JenkinsIllinois Supreme Court · 1875
- McNab v. BennettIllinois Supreme Court · 1872
- Coursen v. HixonIllinois Supreme Court · 1875
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3Cited by1 opinion
- Star Brewery of Chicago v. Otto ex rel. GriesserAppellate Court of Illinois · 1896