Notes on the Illinois Reports; A Cyclopedia of Illinois Law, Comprising a Digest of the Supreme and Appellate Court Decisions, References to All Illin (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1910 edition. Excerpt: ...against him' and, when served by publication, the officer must make a return of such process as in other cases; and, until this return is made, the defendant is not in default. 360. Approved Smith v. Trimble, 27-154. Cited Boyland v. Boy land, 18-552; Cost v. Rose, 17-278. 326. Judicial Sales--Confirmation. Where the master's report shows that premises were sold before the time given the defendants to pay the mortgage debt had expired, and the master had not pursued the authority conferred upon him, but made a sale in violation thereof, the report will not be approved. 361. Approved Quick v. Collins, 197-394; Wilson v. Ford, 190-623; Augustine v. Doud, 1 A. 592. CLARK v. SMITH, 14-361. 327. Attachment--Water Craft. An attachment suit against a steamboat cannot be maintained for coal sold, where not intended for supplies to be consumed upon or in running the boat, but to be transported and sold again. 362. Cited in Merriman v. The Col. Butts, 15-587. 328.--In attachment against a vessel for supplies, it must be shown that the supplies were furnished for the use of the boat, to be consumed or used on her. 362. Cited 36 Fed. 781. WALKER v. WELCH, 14-364. 329. Arrest--Bail. A motion to discharge a defendant on common bail is addressed to the discretion of the court, and its decision cannot be assigned for error. 364. Approved Van Norman v. Young, 129 A. 546. Cited Richardson v. Sheehan, 46 A. 530. NEWLAN v. TOWN OF AURORA, 14364. See Newlan v. Town of Aurora, 17379, a subsequent appeal. 330. Ordinances--Dram Shops. A party cannot be punished for a violation.of a city ordinance, committed before such ordinance went into effect. 36o. Followed Booth v. Carthage, 67-104. Cited Schott v. People, 89-198 (to the effect that where the proof failed to show a...