Burdick v. Powell Bros. Truck Lines, Inc.

N.D. Illinois

Burdick v. Powell Bros. Truck Lines, Inc.

1 F.R.D. 220, 1940 U.S. Dist. LEXIS 1899

CourtDistrict Court, N.D. Illinois

DecidedFebruary 23, 1940

DocketNo. 1321

StatusPublished

This text of 1 F.R.D. 220 (Burdick v. Powell Bros. Truck Lines, Inc.) is published on Counsel Stack Legal Research, covering District Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Burdick v. Powell Bros. Truck Lines, Inc., 1 F.R.D. 220, 1940 U.S. Dist. LEXIS 1899 (N.D. Ill. 1940).

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Opinion

HOLLY, District Judge.

While the affidavit of service in this case is undoubtedly defective, still from the affidavits filed by counsel for plaintiff with his brief it appears that the notice required to be sent by registered mail to the nonresident defendant was so sent to said defendant by an agent of plaintiff to an address which had been given by the defendant. Plaintiff will be allowed to amend the return, and if it is amended to show the fact stated in said affidavits it will be held that the service was sufficient.

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HOLLY, District Judge.

While the affidavit of service in this case is undoubtedly defective, still from the affidavits filed by counsel for plaintiff with his brief it appears that the notice required to be sent by registered mail to the nonresident defendant was so sent to said defendant by an agent of plaintiff to an address which had been given by the defendant. Plaintiff will be allowed to amend the return, and if it is amended to show the fact stated in said affidavits it will be held that the service was sufficient.

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Bluebook (online)

1 F.R.D. 220, 1940 U.S. Dist. LEXIS 1899, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burdick-v-powell-bros-truck-lines-inc-ilnd-1940.