Boyland v. Boyland
Illinois Supreme Court
The said William filed his bill 11th of -November, 1852, stating his marriage in May, 1833, with defendant, and that they lived together from thence till the 1st of September, 1850, as husband and wife, when she willfully and wickedly deserted him, at Chicago, and willfully absented herself from him, without excuse, for two years prior to the filing his bill.
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The said William filed his bill 11th of -November, 1852, stating his marriage in May, 1833, with defendant, and that they lived together from thence till the 1st of September, 1850, as husband and wife, when she willfully and wickedly deserted him, at Chicago, and willfully absented herself from him, without excuse, for two years prior to the filing his bill. Summons issued in usual form, on which is the following return : “ Executed the within writ by leaving a copy of the within at the dwelling house of John McCawley, with a female white person, over twelve years of age, informing her of…
1Opinion of the CourtScates, C. J.
A decree pro confesso was taken on the following return of service on the summons :
“ Executed the within writ by leaving a copy of the within at the dwelling house of John ÍIcCawley, with a female white person, over twelve years of age, informing her of the contents thereof, said place being designated by plaintiff, November 5 fch, 1852.’
Where the court has no jurisdiction the decree is void. The service here is wholly insufficient to give the eourt jurisdiction of the person of defendant below.
Where a personal service, by a delivery of a copy of the summons, cannot be made, by reason of the…
2Cited by15 opinions
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- Bell Federal Savings & Loan Ass'n v. HortonAppellate Court of Illinois · 1978
- Chiaro v. LemberisAppellate Court of Illinois · 1960
- Platt v. StewartMichigan Supreme Court · 1862
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