Timmerman v. Phelps
Illinois Supreme Court
This was a suit in chancery to foreclose a mortgage. Bill filed December 12th, 1857, by George W. Phelps against John Timmerman, David 0. Wagner, and Elizabeth Timmerman, in the McHenry Circuit Court.
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This was a suit in chancery to foreclose a mortgage. Bill filed December 12th, 1857, by George W. Phelps against John Timmerman, David 0. Wagner, and Elizabeth Timmerman, in the McHenry Circuit Court. The only service of process upon the defendants to the bill was as follows: “ I have duly served the within on the within named John Timmerman, David C. Wagner, and Elizabeth Timmerman, by reading the same to them in their presence and hearing, and by delivering to each of them a true copy of the same, this 24th day of May, 1858. W. C. STODDARD, Deputy Sheriff" There was no appearance by…
1Opinion of the CourtCaton, C. J.
The process in this case was served by a deputy sheriff, and the return signed by him as such, without using the name of the sheriff. Upon this return a default was entered, and the bill taken as confessed, and a final decree rendered, in which it is stated, that it appeared to the court that process had been duly served on the defendant. By our law, upon the death of a sheriff, the authority of the deputy does not cease, but continues till a successor is qualified. If the sheriff was dead, then the deputy had direct authority to serve the summons from the statute, and not a derivative…
2Cited by6 opinions
- Law v. GrommesIllinois Supreme Court · 1895
- Coursen v. HixonIllinois Supreme Court · 1875
- Banks v. BanksIllinois Supreme Court · 1863
- Law v. GrommesAppellate Court of Illinois · 1894
- Star Brewery of Chicago v. Otto ex rel. GriesserAppellate Court of Illinois · 1896
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