Legal Opinion

Illinois Central Railroad v. Pairpoint Manufacturing Co.

Appellate Court of Illinois

Decided October 22, 1894PublishedCited by 2 opinions

Memorandum.—Assumpsit. In the Circuit Court of Cook County the Hon. Samuel P. McConnell, Judge, presiding. Error by the defendant. Heard in this court at the October term, 1894, and reversed.

1Opinion of the CourtJustice Gary

This writ of error is prosecuted from a judgment by default against the railroad company. The return of service of summons is as follows:

“ Also served this writ on the within nam'ed defendant, The Illinois Central Kailroad Company, by delivering a copy thereof to James Fentress, general solicitor for said company, this 15th day of August, 1892. The president not found in my county.

James H. Gilbert, Sheriff.

By D. W. ¡Nickerson,.Deputy Sheriff.”

What the duties of the general solicitor may be, we can not know judicially. If he is an agent the sheriff must take the responsibility of so saying.…

2Cases cited2 opinions

  1. Illinois & Mississippi Telegraph Co. v. KennedyIllinois Supreme Court · 1860
  2. Imperial Building Co. v. CookAppellate Court of Illinois · 1892

3Cited by2 opinions

  1. Oklahoma Fire Ins. Co. v. Barber Asphalt Paving Co.Supreme Court of Oklahoma · 1912
  2. Fahrig v. Milwaukee & Chicago Breweries, Ltd.Appellate Court of Illinois · 1904

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