Roberts v. Formhalls

Citations

• 46 Ill. 66

Syllabus

<p>1. Process—when void—how cured. Where, in an action brought before a justice of the peace, the defendant' appeared and defended the suit, and took an appeal: Seld, that an objection for the first time, made in the appellate ■ court, that the summons was void, for any reason whatever, came too late.</p> <p>2. Justice or the peace—in actions before—when, immaterial whether summons has been issued. In an action before a justice of the peace, it is immaterial whether a summons has been issued by him or not, if the party defendant appears and defends and takes an appeal, as he can never afterwards question the mode by which he was brought into court.</p>