Abbott v. Semple
Illinois Supreme Court
Semple sued out a summons against George Abbott and John L. Lemon, returnable to the Circuit Court next to be holden at the Court House in .Waterloo, within and for said (Monroe) county, on the 4th Monday of September next. Service was had upon Abbott; Lemon not found. The action was upon a promissory note.
Read the full summary
Semple sued out a summons against George Abbott and John L. Lemon, returnable to the Circuit Court next to be holden at the Court House in .Waterloo, within and for said (Monroe) county, on the 4th Monday of September next. Service was had upon Abbott; Lemon not found. The action was upon a promissory note. At a special term of the court in October, an entry was made of record as follows: “ Now comes the parties, plaintiff and defendants, by their attorneys, and. the defendants’ motion to quash the writ having been overruled, and the said defendants having failed to plead, and being called,…
1Opinion of the CourtBreese, J.
The first point made in this case, that of the legality of the special October term, has been already settled in the case of Mattingly v. Darwin, 23 Ill. 618. We there held, that such appointment of a special term was regular, and in conformity with the statute.
It is, however, contended here, that admitting the legality of the special term, yet one of the defendants, Lemon, was not summoned at all, the process as to him having been returned not found. We have often said, service of process is unnecessary, if the party appears, appearance being the object of process. When that is effected…
2Cases cited2 opinions
- Mattingly v. DarwinIllinois Supreme Court · 1860
- Frazier v. ResorIllinois Supreme Court · 1859
3Cited by17 opinions
- Supreme Hive Ladies of the Maccabees of the World v. HarringtonIllinois Supreme Court · 1907
- Nicholes v. People ex rel. KocherspergerIllinois Supreme Court · 1897
- Standley v. ArnowSupreme Court of Florida · 1869
- Ferrell v. CamdenWest Virginia Supreme Court · 1905
- Lane v. LeechMichigan Supreme Court · 1880
12 more not listed; retrieve them via the Exa API.