{
  "id": 5247667,
  "name": "John O'Donnell, Plaintiff in Error, v. Phineas Howes, Defendant in Error",
  "name_abbreviation": "O'Donnell v. Howes",
  "decision_date": "1862-04",
  "docket_number": "",
  "first_page": "510",
  "last_page": "512",
  "citations": [
    {
      "type": "official",
      "cite": "27 Ill. 510"
    }
  ],
  "court": {
    "name_abbreviation": "Ill.",
    "id": 8772,
    "name": "Illinois Supreme Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 199,
    "char_count": 3211,
    "ocr_confidence": 0.541,
    "pagerank": {
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    "sha256": "74da9c951c31e0a1a038cb11c32b266a1baf03b31af1aff4828154b57a655a4a",
    "simhash": "1:92f182ad678aebd3",
    "word_count": 554
  },
  "last_updated": "2023-07-14T20:48:12.690566+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "John O\u2019Donnell, Plaintiff in Error, v. Phineas Howes, Defendant in Error."
    ],
    "opinions": [
      {
        "text": "Walker, J.\nThis was an action of ejectment, with the declaration and notice in the usual form. The only evidence of service, is the sheriff\u2019s return, which was indorsed on the declaration, and is this : \u201cI have this day served this writ of ejectment, by delivering a copy of the same to the within named John O\u2019Donnell, this 12th day of March, 1861.\u201d The thirteenth section of the ejectment act provides, \u201c that the plaintiff, on the day specified in the notice, or on some day thereafter, upon filing the declaration, with an affidavit of the service of a copy thereof, and of the notice required by the statute, shall be entitled to enter a rule, requiring the defendant to appear and plead within twenty days after entering such rule, etc. This section only authorizes the plaintiff to enter the rule, and a default, to be taken upon filing an affidavit of service. The whole proceeding is statutory, and essentially changes the action as it existed at the common law, and having, amongst other changes, described the mode of making service and return, it must be regarded. No authority is given to issue a summons, or to make service in the manner required in ordinary causes. In this proceeding, the statute has prescribed the practice, and the parties or the courts have no right to say whether it is the best, hut must comply with its requirements. This service fails to do so, and is insufficient.\nThe judgment of the court below must be reversed.\nJudgment reversed.",
        "type": "majority",
        "author": "Walker, J."
      }
    ],
    "attorneys": [
      "Burnap & Harvey, for Plaintiff in Error.",
      "J. Marsh, for Defendant in Error."
    ],
    "corrections": "",
    "head_matter": "John O\u2019Donnell, Plaintiff in Error, v. Phineas Howes, Defendant in Error.\nERROR TO WINNEBAGO.\nIn ejectment, before the court can take jurisdiction, it should appear, by affidavit, that the declaration and notice to appear and plead, have been served. A sheriff\u2019s return will not give jurisdiction.\nThe record from the court below, sets forth a declaration in ejectment by Howes against O\u2019Donnell, in the usual form, filed 12th March, 1861, in March term, with the usual notice to plead appended.\nThere is also appended to the declaration and notice, the following sheriff\u2019s return:\nSTATE OF ILLINOIS, ) WINNEBAGO COUNTY, j\"\nI have this day served this writ of ejectment, by delivering a copy of the same to the within named John O\u2019Donnell, this 12th day of March, 1861.\nM. J. UPRIGHT, Sheriff.\nBy J. E. Dennis, Deputy.\nThe .following was also appended:\nSTATE OF ILLINOIS,) WINNEBAGO COUNTY. f\nJames E. Dennis, being first duly sworn, deposes and says that he has this day, to wit, the 12th day of March, A. D. 1861, delivered to the within named John O\u2019Donnell, a true copy of the within declaration and notice, and that said defendant is in possession of the within described lands.\nM. J. UPRIGHT, Sheriff.\nBy J. E. Dennis, fieputy.\nNo jurat appearing.\nUpon these papers a rule to plead was entered at March term, 1861, and a judgment by default was entered at the ensuing June term, 1861.\nThe errors assigned, are :\nIt does not appear that a copy of the declaration or any notice to appear and plead, was served.\nAn affidavit of service was not-filed.\nIt does not appear that the court acquired jurisdiction of the cause, or of the person of defendant below.\nBurnap & Harvey, for Plaintiff in Error.\nJ. Marsh, for Defendant in Error."
  },
  "file_name": "0510-01",
  "first_page_order": 514,
  "last_page_order": 516
}