Reports of Cases At Law And in Chancery Argued And Determined in the Supreme Court of Illinois 78 (June And September Terms, 1875)
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341 Opinion of the Court.
summons issued out o& a court of record, by indorsement thereon, substantially as follows : ''I hereby appoint my special deputy, to serve the within writ." Dated and signed by the sheriff. This requirement was precisely observed by the sheriff in this case.
Section 11 requires the special deputy shall make return in the time and manner of serving the writ, under his oath, which was done in this case. This is the only oath the spe- cial deputy is required to make.
Plai...ntiff contends a scire facias is not a summons. It is that and nothing more. The statute, ch. 110, title "Practice," provides, in a case like this, where judgment has passed against one joint defendant, that "a summons, in the nature of a scire facias, against the defendant not served, may issue," etc. R. S. 1874, p. 776.
But a full answer to all the points made by plaintiff in error is, that his motion to set aside the judgment comes too late. Such a motion can not be made after the term at which the judgment was rendered.
What to read after Reports of Cases At Law And in Chancery Argued And Determined in the Supreme Court of Illinois 78 (June And September Terms, 1875)?
You can find similar books in the "Read Also" column, or choose other free books by Illinois. Supreme Court to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
341 Opinion of the Court.
summons issued out o& a court of record, by indorsement thereon, substantially as follows : ''I hereby appoint my special deputy, to serve the within writ." Dated and signed by the sheriff. This requirement was precisely observed by the sheriff in this case.
Section 11 requires the special deputy shall make return in the time and manner of serving the writ, under his oath, which was done in this case. This is the only oath the spe- cial deputy is required to make.
Plai...ntiff contends a scire facias is not a summons. It is that and nothing more. The statute, ch. 110, title "Practice," provides, in a case like this, where judgment has passed against one joint defendant, that "a summons, in the nature of a scire facias, against the defendant not served, may issue," etc. R. S. 1874, p. 776.
But a full answer to all the points made by plaintiff in error is, that his motion to set aside the judgment comes too late. Such a motion can not be made after the term at which the judgment was rendered.
What to read after Reports of Cases At Law And in Chancery Argued And Determined in the Supreme Court of Illinois 78 (June And September Terms, 1875)?
You can find similar books in the "Read Also" column, or choose other free books by Illinois. Supreme Court to read onlineMoreLess
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