Underhill v. Kirkpatrick
Illinois Supreme Court
This was an action of assumpsit brought in Peoria Circuit Court to March term, A. D. 1860. . Summons issued to sheriff of Peoria county. Return on summons : STATE OF ILLINOIS, ) PEORIA COUNTY. ) SS' I have duly served this summons by reading the same to Isaac Underhill, this 15th day of February, A. D. 1860. JOHN BRYNER, Sheriff Per Easly, Deputy. Declaration avers, that payee, Wm.
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This was an action of assumpsit brought in Peoria Circuit Court to March term, A. D. 1860. . Summons issued to sheriff of Peoria county. Return on summons : STATE OF ILLINOIS, ) PEORIA COUNTY. ) SS' I have duly served this summons by reading the same to Isaac Underhill, this 15th day of February, A. D. 1860. JOHN BRYNER, Sheriff Per Easly, Deputy. Declaration avers, that payee, Wm. S. Moss, “ ordered and assigned said note to be paid to Tobias S. Bradley,” by his “ signature” on the back of said note, and in same terms avers that Bradley assigned to plaintiff. " Copy of note shows signatures…
1Opinion of the CourtCaton, C. J.
If the defendant was properly in court, then the default was properly taken, and the defendant is precluded from raising the question' whether the paper was properly indorsed, for that was admitted by the default.
We have no doubt the service was sufficient; the summons was to “Isaac Underhill,” without any addition or description, and the service was upon “ Isaac Underhill.” The officer did precisely what he was commanded to do. He was notbound to say in his return, that he served it upon the same Isaac Underhill who signed the note sued on, for of that he probably knew nothing. It is not…
2Cited by1 opinion
- Beckman v. MengeAppellate Court of Illinois · 1899