{
  "id": 2483510,
  "name": "David Ditch, plaintiff in error v. Elvira L. Edwards, executrix of Ninian Edwards, deceased, defendant in error",
  "name_abbreviation": "Ditch v. Edwards",
  "decision_date": "1834-12",
  "docket_number": "",
  "first_page": "127",
  "last_page": "127",
  "citations": [
    {
      "type": "nominative",
      "cite": "1 Scam. 127"
    },
    {
      "type": "official",
      "cite": "2 Ill. 127"
    }
  ],
  "court": {
    "name_abbreviation": "Ill.",
    "id": 8772,
    "name": "Illinois Supreme Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
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    "sha256": "8b68d713d2a42e704bf94480a1323c5635603b6fa19511002514602855800f72",
    "simhash": "1:2f879d7acb1304ec",
    "word_count": 324
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  "last_updated": "2023-07-14T16:34:33.017060+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "David Ditch, plaintiff in error v. Elvira L. Edwards, executrix of Ninian Edwards, deceased, defendant in error."
    ],
    "opinions": [
      {
        "text": "Lockwood, Justice,\ndelivered the opinion of the Court:\nThis is a writ of error to the Monroe Circuit Court. The error relied on, is that the summons is returned by a person who signs his name as deputy sheriff, without using the name of the sheriff. At the return term, a judgment was rendered by default. This was clearly erroneous according to the decision in the case of Ryan v. Eads. The defendant\u2019s counsel, on the argument, conceded that the judgment must be reversed, but requested that the cause might be remanded to'the Circuit Court for further proceedings. This Court has power to remand causes for further proceedings, where there remains anything in the Court below that is legal. In this case, so far as the defendant below is concerned, (he not having appeared, and there being no service by the sheriff,) the cause must be considered as coram nonjudice, and consequently there can be nothing to remand. The reversal of the judgment below, however, cannot impair the rights of the plaintiff below; if she has a cause of action, it still exists, and is in no wise impaired by the judgment below, and its reversal in this Court. The judgment is reversed with costs.\nJudgment reversed.\nBreese 168.",
        "type": "majority",
        "author": "Lockwood, Justice,"
      }
    ],
    "attorneys": [
      "J. B. Thomas and D. Pricket, for the plaintiff in error.",
      "N. W. Edwards, for the defendant in error."
    ],
    "corrections": "",
    "head_matter": "David Ditch, plaintiff in error v. Elvira L. Edwards, executrix of Ninian Edwards, deceased, defendant in error.\nError to Monroe.\nA return to a summons signed by a person as \u201c deputy sheriff,\u201d without using the name of the sheriff, is erroneous and void.\nIf judgment be rendered by default, against a defendant who has not been served with process, the proceedings are coram nonjudice. But the reversal of such a judgment does not affect the rights of the plaintiff below.\nA cause will not be remanded, where the proceedings in the Court below are coram nonjudice.\nJ. B. Thomas and D. Pricket, for the plaintiff in error.\nN. W. Edwards, for the defendant in error."
  },
  "file_name": "0127-01",
  "first_page_order": 127,
  "last_page_order": 127
}