Linder v. Crawford

Appellate Court of Illinois

Linder v. Crawford

95 Ill. App. 183, 1900 Ill. App. LEXIS 441

CourtAppellate Court of Illinois

DecidedMarch 11, 1901

StatusPublished

Cited by1 cases

This text of 95 Ill. App. 183 (Linder v. Crawford) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Linder v. Crawford, 95 Ill. App. 183, 1900 Ill. App. LEXIS 441 (Ill. Ct. App. 1901).

Pincite

Opinion

Mr. Presiding Justice Creighton

delivered the opinion of the court.

This was a proceeding by appellee against -appellants in the Circuit Court of Richland County, on motion by appellee for leave to sheriff to amend his return as to services of ■summons. Upon final hearing of the motion the court granted the motion and the return was amended. Appellants excepted and bring the case to this court by appeal.

On the 27th day of March, 1895, W. R. Crawford & Co. brought suit in assumpsit to the April term of the Circuit Court of Richland County, against John Linder, then a resident of said county. Summons was duly issued and in fact duly served the same day the suit was commenced. At the return term of court Linder did not appear and judgment was rendered against him by default. As the return appeared on the summons, at the time the default and judgment were entered, it was as follows:

[[Image here]]

I have duly served the within by reading the same to the within named John Linder as I am therein commanded.

Jeff McWilliams, Sheriff.

By Daniel Gathart, Deputy.”

In the following September John Linder died intestate, leaving him surviving his widow, Susan Linder, his son John Linder, and his daughter, Rosa Linder. At the April term, 1900, of the Circuit Court of Richland County, the case was redocketed, a motion filed for leave to amend the sheriff’s return, and notice was duly served on the widow and heirs of the deceased defendant.

The evidence clearly shows that the said Jeff McWilliams was, at the time of the service of the summons, the duly qualified and acting sheriff of said Richland county and that the said Daniel Gathart was his duly appointed, qualified and acting deputy, and the evidence further clearly shows that the summons was in fact duly served on the 27th day of March, 1895, by the .deputy. There are no rights of innocent third parties acquired in good faith, involved in this issue, to be prejudiced by the amendment. As to the right to amend in such case, the decision of the Supreme Court in Spellmeyer et al. v. Gaff, 112 Ill. 29, is conclusive.

We find no substantial error in this record. The judgment of the Circuit Court is affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

Mr. Presiding Justice Creighton

delivered the opinion of the court.

This was a proceeding by appellee against -appellants in the Circuit Court of Richland County, on motion by appellee for leave to sheriff to amend his return as to services of ■summons. Upon final hearing of the motion the court granted the motion and the return was amended. Appellants excepted and bring the case to this court by appeal.

On the 27th day of March, 1895, W. R. Crawford & Co. brought suit in assumpsit to the April term of the Circuit Court of Richland County, against John Linder, then a resident of said county. Summons was duly issued and in fact duly served the same day the suit was commenced. At the return term of court Linder did not appear and judgment was rendered against him by default. As the return appeared on the summons, at the time the default and judgment were entered, it was as follows:

[[Image here]]

I have duly served the within by reading the same to the within named John Linder as I am therein commanded.

Jeff McWilliams, Sheriff.

By Daniel Gathart, Deputy.”

In the following September John Linder died intestate, leaving him surviving his widow, Susan Linder, his son John Linder, and his daughter, Rosa Linder. At the April term, 1900, of the Circuit Court of Richland County, the case was redocketed, a motion filed for leave to amend the sheriff’s return, and notice was duly served on the widow and heirs of the deceased defendant.

The evidence clearly shows that the said Jeff McWilliams was, at the time of the service of the summons, the duly qualified and acting sheriff of said Richland county and that the said Daniel Gathart was his duly appointed, qualified and acting deputy, and the evidence further clearly shows that the summons was in fact duly served on the 27th day of March, 1895, by the .deputy. There are no rights of innocent third parties acquired in good faith, involved in this issue, to be prejudiced by the amendment. As to the right to amend in such case, the decision of the Supreme Court in Spellmeyer et al. v. Gaff, 112 Ill. 29, is conclusive.

We find no substantial error in this record. The judgment of the Circuit Court is affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

95 Ill. App. 183, 1900 Ill. App. LEXIS 441, Counsel Stack Legal Research, https://law.counselstack.com/opinion/linder-v-crawford-illappct-1901.

Opinion

Related

Cite This Page — Counsel Stack