Banks v. Banks
Illinois Supreme Court
Writ of Eeeoe to the Recorder’s Court of the city of Peru; the Hon. William Chumasero, Judge, presiding. This was a bill in chancery exhibited in the court below by Louisa L. Banks, the defendant in error, against George O. Banks, the plaintiff in error.
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Writ of Eeeoe to the Recorder’s Court of the city of Peru; the Hon. William Chumasero, Judge, presiding. This was a bill in chancery exhibited in the court below by Louisa L. Banks, the defendant in error, against George O. Banks, the plaintiff in error. The bill was taken for confessed in the Recorder’s Court, and a decree rendered accordingly, and the only question presented upon the record is, as to the sufficiency of the service of process, or, of the evidence of such service. The facts are presented in the opinion of the court. presented the following points and authorities : I. The…
1Opinion of the CourtJustice Beeese
The only question presented by this record is as to the service of the summons in the case. The summons is in the usual form, on which is this indorsement:
“ I acknowledge service of the within summons upon me, as required by law, this 9th day of May, 1861, by the same being read to me, and receiving a copy of the same. Geoege 0. BANKS.”
In chancery, the service of a summons is by copy. Scates’ Comp. 139. Here is the written acknowledgment on the summons, signed with the name of the defendant in the suit, that he received a copy of it on the ninth day of May, 1861. The summons is dated the…
2Cases cited2 opinions
- City of Peoria v. KidderIllinois Supreme Court · 1861
- Timmerman v. PhelpsIllinois Supreme Court · 1862
3Cited by3 opinions
- Russell v. Baptist Theological UnionIllinois Supreme Court · 1874
- Rivard v. GardnerIllinois Supreme Court · 1866
- Botsford v. O'ConnerIllinois Supreme Court · 1870