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

District Court, N.D. Illinois·Decided February 23, 1940·No. No. 1321·Published

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.

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

Pincite

1 F.R.D. 220 (Burdick v. Powell Bros. Truck Lines, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.