Reports of Cases Determined in the Appellate Courts of Illinois Volume 223

Reports of Cases Determined in the Appellate Courts of Illinois Volume 223

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1922 edition. Excerpt: ...on the Genuine Norris Coal Mining Company. We do not regard this return as merely defective or as showing a. defective service, but as failing to show any service on said corporation. Counsel for defendant in error do not favor us with any suggestions as to the validity of this return but content themselves with insisting that the sufficiency of it cannot be tested by motion. They say a plea in abatement is the only way the question can be raised. It is true that the approved way of challenging the sufiiciency of service of a writ at the return term Norris Coal Mining Co. v. Beam, 223 Ill. App. 329. thereof for some reason not appearing from the face of the return, as, for instance, where it is sought to deny the agency of the person with whom a copy of the writ is left as certified in the return, is by plea in abatement, and possibly the same is true at all times before judgment of default is entered, where delay in filing such a plea can be justified, but where the return fails to show service prima facie and the court nevertheless proceeds to act as if, having jurisdiction, the error can be taken advantage of by motion under section 89 of chapter 110, Rev. St. (Cahill's Ill. St. ch. 110, 11 89) in the nature of a writ of error cora/m nobis. City of Chicago 1;. Nodeck, 202 I11. 257; Court of Honor 1;. Dinger, 221 I11. 176; Krieger 1;. Krieger, 121 Ill. App. 11; M clntyer 12. Ho-useman, 108 Ill. App. 276; Chapman '0. North America/n Life Ins. Co., 212 Ill. App. 389. It makes small difi'erence how the attention of a court is called to the lack of jurisdiction, if that lack is once discovered the court will of its own motion stop where it finds itself. Without jurisdiction a. court cannot hear and determine issues. No service more

Product details

  • Paperback | 234 pages
  • 189 x 246 x 12mm | 426g
  • United States
  • English
  • black & white illustrations
  • 1236949609
  • 9781236949608