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

Illinois Supreme Court

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

47 Ill. 288

CourtIllinois Supreme Court

DecidedJanuary 15, 1868

StatusPublished

Cited by2 cases

This text of 47 Ill. 288 (St. Louis, Alton & Terre Haute Railroad v. Dorsey) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

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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.

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Bluebook (online)

47 Ill. 288, Counsel Stack Legal Research, https://law.counselstack.com/opinion/st-louis-alton-terre-haute-railroad-v-dorsey-ill-1868.

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