St. Louis, Alton & Terre Haute Railroad v. Dorsey

Illinois Supreme Court

St. Louis, Alton & Terre Haute Railroad v. Dorsey

47 Ill. 288

Illinois Supreme Court·Decided January 15, 1868·Published·Cited by 2 cases

Opinion

Mr. Justice Lawrence

delivered the opinion of the Court:

The service in this case was insufficient, and there having been no appearance by the defendant, the judgment must be reversed. The return of the sheriff, to have been good under the act of 1853, should have shown that the President of the company did not reside in the county, or was absent. Only in that contingency does the statute authorize service on an agent.

Judgment reversed.

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Mr. Justice Lawrence

delivered the opinion of the Court:

The service in this case was insufficient, and there having been no appearance by the defendant, the judgment must be reversed. The return of the sheriff, to have been good under the act of 1853, should have shown that the President of the company did not reside in the county, or was absent. Only in that contingency does the statute authorize service on an agent.

Judgment reversed.

St. Louis, Alton & Terre Haute Railroad v. Dorsey, 47 Ill. 288 (Ill. 1868).

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47 Ill. 288 (St. Louis, Alton & Terre Haute Railroad v. Dorsey) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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