Miles v. Goodwin

Citations

• 35 Ill. 53

Syllabus

<p>1. Appearance — What constitutes. After a default was entered in an attachment suit, the defendant moved to set it aside, which was done; he then entered his motion to dismiss the suit by reason of alleged defects in the writ and service thereof which was overruled. Held, that by making these motions the defendant fully appeared to the action.</p> <p>2. Same — Cures defective writ and service, and obviates the necessity of any writ. Where a defendant enters his appearance in a cause, he thereby waives all irregularities in the writ or its service, as his being in court renders a writ and service unnecessary.</p> <p>3. Court of Common Pleas of Aurora — Assessment of damages by the court. The Court of Common Pleas of the city, of Aurora has authority to assess the damages upon default, without the intervention of a jury.</p>