Gardner v. Witbord

Citations

• 59 Ill. 145

Syllabus

<p>1. Common pleas court oe Sparta—writ issued from, how directed. A writ issued from the court of common pleas of the city of Sparta, in Randolph county, is properly directed “to the city marshal and all sheriffs, coroners and constables of said county.”</p> <p>2. Same—territorial jurisdiction of. The territorial jurisdiction of such, court is, by the provisions of the constitution of 1848, relating to inferior local courts, circumscribed by the city limits.</p> <p>■3. Same—writ, whether void—service. Although the mandate of a writ, issued from such court, is to summon the defendant “ if he shall be found in your county,” etc., yet the service, if shown by the return to have been made in the city of Sparta, is good, otherwise it is defective.</p> <p>But the writ itself, by reason of such mandate, although the service be defective, is not void and should not be quashed.</p> <p>4. Same—venue. In the margin of a writ, issued out of the. common pleas court of the city of Sparta, in Randolph county, the proper State and county were named, and the command in the body of the writ was to summon tlie defendant, “ to be and appear before the common pleas court of Sparta, of said county, on,” etc.,“ to be holden,” etc., “at the court house in Sparta, in said Randolph county,” etc.: Held, the venue was well enough laid.</p>