Waidner v. Pauly

This was a suit brought December 17, 1886, and summons issued returnable to the January term, 1887, of the circuit court of Cook county, which was not served. No service was had until December 8, 1887, when a pluries summons, issued the day before, was served upon defendant Waidner. On December 21, 1887, a declaration was filed against both defendants, as partners, which consisted of the common counts and an account stated. On the next day, December 22, defendant appeared by attorney and entered a motion to dismiss the suit because the declaration had not been filed ten days before the second…