{
  "id": 872829,
  "name": "John Tobin v. Susan O. Brooks",
  "name_abbreviation": "Tobin v. Brooks",
  "decision_date": "1904-03-14",
  "docket_number": "Gen. No. 4,263",
  "first_page": "79",
  "last_page": "80",
  "citations": [
    {
      "type": "official",
      "cite": "113 Ill. App. 79"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
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  "cites_to": [
    {
      "cite": "77 Ill. 518",
      "category": "reporters:state",
      "reporter": "Ill.",
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    {
      "cite": "85 Ill. 66",
      "category": "reporters:state",
      "reporter": "Ill.",
      "case_ids": [
        2780271
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      "case_paths": [
        "/ill/85/0066-01"
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    {
      "cite": "8 App. 156",
      "category": "reporters:state",
      "reporter": "Ohio App.",
      "opinion_index": 0
    },
    {
      "cite": "41 Ill. 45",
      "category": "reporters:state",
      "reporter": "Ill.",
      "case_ids": [
        5218404
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      "opinion_index": 0,
      "case_paths": [
        "/ill/41/0045-01"
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  "last_updated": "2023-07-14T15:22:42.184794+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "John Tobin v. Susan O. Brooks."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Vickers\ndelivered the opinion of the court.\nThis was a bill in chancery to foreclose a mortgage in the Lee County Circuit Court. The service was by publication, and a decree by default.\nThe errors relied on to reverse the decree are, that the affidavit of non-residence is defective and that the certificate of publication of notice is not in compliance with the statute.\nThe affidavit is as follows:\n\u201c H. A. Brooks, attorney for the above named complainant, on his oath, states that the above named defendant, John Tobin, is not a resident of this state; affiant further states that he has made diligent inquiry to learn his place of residence and has been enabled to,ascertain the same. H. A. Brooks.\u201d\nIt will be observed that this affidavit states that the affiant \u201chas made diligent inquiry to learn his place of residence and has been enabled to ascertain the same.\u201d\nEnabled cannot be construed as idem sonans with unable. They are two words with almost opposite meanings. The affidavit of non-residence is jurisdictional, and must conform to the requirements of section 12 of Revised Statutes, chapter 22, relating to chancery practice. Campbell v. McCahan, 41 Ill. 45; Hartung v. Hartung, 8 App. 156; Dick v. Moore, 85 Ill. 66; Reitz v. People, 77 Ill. 518.\nThe certificate of the publisher is also defective in that it fails to show that the notice was published once each week for four successive weeks. The certificate is as follows :\n\u201c Fuller Bros, do hereby certify that we are the publishers of the Dixon Daily Sun. a daily newspaper published and printed at Dixon, in the said County and State, on every day of the week except Sundays, and that the annexed legal notice was published in said newspaper four times; that the date of the first paper containing said notice was Wednesday, the 5th day of March, 1902, and the date of the last paper containing said notice was Wednesday, the 26th day of March, 1902.\nDated at Dixon, in the said Countv, this 16th dav of .April, 1902.\nFuller Bros.,\nE. O. Fullee.\u201d\nFor aught that is stated in this certificate, the notice may have been published three times the first week and not again until the 26th of March. This would not be a compliance with the statute which requires the notice to be oublished once in each week for four successive weeks. Hurd\u2019s R. S., sec. 13, ch. 22.\nFor the errors indicated, the decree is reversed and remanded.\nReversed and reminded.",
        "type": "majority",
        "author": "Mr. Justice Vickers"
      }
    ],
    "attorneys": [
      "Henry S. Dixon, for plaintiff in error.",
      "H. A. Brooks, for defendant in error."
    ],
    "corrections": "",
    "head_matter": "John Tobin v. Susan O. Brooks.\nGen. No. 4,263.\n1. Affidavit of non-residence\u2014when, does not support service by publication. Service by publication is void where predicated upon an affidavit of non-residence as follows :\n\u201c H. A. Brooks, attorney for the above named complainant, on his oath, states that the above named defendant, John Tobin, is not a resident of this state; affiant further states that- he has made diligent inquiry to learn his place of residence and has been enabled, to ascertain the same.\u201d\n2. Certificate of Publication\u2014ivken, does not support service by publication. A certificate of publication which does not show that the notice therein referred to was published once in each week for four successive weeks, is void, and will not support service by publication.\nProceeding to foreclose real estate mortgage. Error to the Circuit Court of Lee County; the Hon. Richard S. Farrand, Judge, presiding. Heard in this court at the October term, 1903.\nReversed and remanded.\nOpinion filed March 14, 1904.\nHenry S. Dixon, for plaintiff in error.\nH. A. Brooks, for defendant in error."
  },
  "file_name": "0079-01",
  "first_page_order": 97,
  "last_page_order": 98
}