Hermann v. Butler

Decided June 15, 1871

Illinois Supreme Court · decided 1871-06-15

Clair county • the Hon. Joseph Gillespie, Judge, presiding. A writ of certiorari was issued, under the statute, upon, the following petition: “ John Hermann, the petitioner, represents that on the 2d day of November, 1870, Joseph D. Manners, judge of the city court of East St. Louis, in said county, issued a summons against petitioner, in favor of one Seth Butler, for a failure to pay him a demand not exceeding $800; that said summons was served upon him by the proper…

Cited by 1 later decisions — most recently May 1904

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1871-06-15

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Per Curiam:

¶1Appellant filed a petition in the court below, for a writ of certiorari, which was issued.

¶2The Avrit Avas properly quashed. It appears from the petition that appellant kneAv that there Avas a suit pending against him in the city court. He had been summoned.

¶3What difference did it make Avhether the plaintiff's name was “Balter” or “Butler?” If the plaintiff's name Avas wrong, a plea in abatement should haAe been interposed. Whether right or Avrong, appellant should have appeared and made his defence.

¶4The judgment, if improper, was clearly the result of negligence on the part of appellant. He AAas not entitled to the Avrit under the circumstances, and the judgment of the circuit court must be affirmed.

¶5Judgment affirmed.