Wadhams v. Hotchkiss

Citations

• 80 Ill. 437

Syllabus

<p>1. Justice op the 'peace — amendment of summons. Tlie statute authorizing justices of the peace, at any time before trial, to amend the summons and other papers in the case, so as to make them conform to the true names of the parties, does not require tlie justice to make a record showing a request so to do, and by whom made; nor does it require that the request shall be in writing, and preserved with the papers.</p> <p>2. Where such a change is made as to the name of a party, by the j ustice, it will be presumed it was made before the trial and upon request, especially where a trial is had upon the merits, and the record fails to show any objection to the change.</p> <p>3. Appeal—practice when papers coresent to wrong court. Where a party to a judgment rendered by a justice of the peace of Cook county appeals to the Superior Court, and the appeal bond recites such fact, if the papers by mistake are filed in the circuit court and there docketed, this will not give the latter court jurisdiction, and a transfer of the papers by the clerk to the Superior Court, and its trial there, will not be erroneous. The more regular course is for the circuit court to strike the case from its docket.</p> <p>4. Superior Court op Cook county—branch held by a circuit judge. There is no objection to one of the circuit judges of the State holding a branch of the Superior Court of Cook county, and that more than three branches thereof are held at the same time.</p>