Monahon v. Vandyke

Illinois Supreme Court

Monahon v. Vandyke

27 Ill. 154

CourtIllinois Supreme Court

DecidedJanuary 15, 1862

StatusPublished

Cited by2 cases

This text of 27 Ill. 154 (Monahon v. Vandyke) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Monahon v. Vandyke, 27 Ill. 154 (Ill. 1862).

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Opinion

Caton, C. J.

There are several errors, for which this order must be reversed. In the first place, we find no evidence in the record that any petition was ever filed. This is made necessary by the statute, and without it the court could not legally make any order in such a case.

Also, the notice was insufficient. The first insertion was but thirty days before the order was made, while the statute requires six weeks, before the presentation of the petition.

We might enumerate other irregularities, but it is quite unnecessary. The order is reversed, and the cause remanded.

Judgment reversed.

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Caton, C. J.

There are several errors, for which this order must be reversed. In the first place, we find no evidence in the record that any petition was ever filed. This is made necessary by the statute, and without it the court could not legally make any order in such a case.

Also, the notice was insufficient. The first insertion was but thirty days before the order was made, while the statute requires six weeks, before the presentation of the petition.

We might enumerate other irregularities, but it is quite unnecessary. The order is reversed, and the cause remanded.

Judgment reversed.

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Bluebook (online)

27 Ill. 154, Counsel Stack Legal Research, https://law.counselstack.com/opinion/monahon-v-vandyke-ill-1862.

Opinion

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