Wasson v. Cone

Citations

• 86 Ill. 46

Syllabus

<p>1. Appeabance— by attorney gives jurisdiction of the person in justice’s court. If a defendant in attachment in a justice’s court appears by attorney and goes to trial on the merits, this will confer ample jurisdiction over his person, although the notices posted by the constable are insufficient. Insufficiency of service is waived by appearance and going to trial.</p> <p>2. Appeal—taking, confers jurisdiction on the circuit court. Although a justice of the peace may fail to acquire jurisdiction of the person of the defendant, yet, if the latter perfects an appeal to the circuit court, this will give the latter court jurisdiction. After removing the ease to the circuit court by appeal, the defendant can not be heard to insist that the justice had no jurisdiction.</p> <p>3. Attachment—personal judgment a release of the levy. Where the court, on the trial of an attachment suit, renders simply a personal judgment, without ordering the sale of the property attached, it operates'as a dismissal of' the attachment, and as a release of the property attached. Property attached can not be sold, or any process issued for that purpose, unless the judgment, orders its sale.</p>