Fink v. Disbrow

Citations

• 69 Ill. 76

Syllabus

<p>1. Jurisdiction—of the person by appearance. Where the record of a case tried before a justice of the peace shows that a summons was issued and returned served, but not in what manner it was served, and that the defendants appeared and went into trial, the appearance will be sufficient to give the justice jurisdiction of the persons of the defendants, without regard to the fact whether the summons was served or not.</p> <p>2. Appeal—no new summons required when appeal is perfected before justice of the peace. Where an appeal is perfected before a justice of the peace, from a judgment rendered by him, the opposite party is bound to take notice of the fact, and follow the appeal to the circuit court, as the law does not require any new summons or notice to be served on him.</p> <p>3. Same—defects in transcript, etc., does not affect the jurisdiction of circuit court. Technical defects in an appeal bond, or in the justice’s transcript, on an appeal from his judgment to the circuit court, will not prevent the latter court from taking jurisdiction of the appeal. The party objecting should obtain a rule on the justice or party appealing, to remedy the defects.</p> <p>4. Judgment—certainty as to defendants. Where an appeal suit was docketed in the circuit court: Nathan Disbrow v. Halsey Finis et al., and the verdict of the jury and the judgment of the court were against the defendants, without naming them, it was held, that the judgment was sufficiently certain, as the justice’s transcript and the appeal bond in the case showed the names of all the defendants.</p>