Hohmann v. Eiterman

Citations

• 83 Ill. 92

Syllabus

<p>1. Appearance—in appeal case. Where the appellee, in an appeal taken from the judgment of a justice of the peace, files a trial notice with tlie clerk, under the rules of the court, this, independent of statutoiy provision, is a full appearance and submission to the jurisdiction of the court, and will obviate the necessity of service on the appellee.</p> <p>2: Same—statute construed. The 68th section of the chapter of the R. S. of 1874, entitled “ Justices of the Peace and Constables,” does not exclude the common law modes of entering an appearance in a case, but only provides a mode of entering it in vacation.</p> <p>3. Practice—filing papers. Where a notice required by rule of court is actually filed and placed among the other papers in a case, the fact the clerk has omitted to mark it as filed, will not invalidate the notice. If the opposite party knows of its being in the papers, this is sufficient.</p>