Ditch v. Edwards

• Decision Date: 31 December 1834
• Citation: Ditch v. Edwards, 1 Scam. 127, 2 Ill. 127, 1834 WL 2583, 26 Am.Dec. 414 (Ill. 1834)
• Parties: DAVID DITCH, plaintiff in error,v.ELVIRA L. EDWARDS, executrix of Ninian Edwards, deceased, defendant in error.
• Court: Illinois Supreme Court

1 Scam. 127

2 Ill. 127

1834 WL 2583 (Ill.)

26 Am.Dec. 414

DAVID DITCH, plaintiff in error,

v.ELVIRA L. EDWARDS, executrix of Ninian Edwards, deceased, defendant in error.

Supreme Court of Illinois.

December Term, 1834.

J. B. THOMAS and D. PRICKET, for the plaintiff in error.N. W. EDWARDS, for the defendant in error.

LOCKWOOD, Justice, delivered the opinion of the Court:

This 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 (Breese, 168). The defendant's 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...