Miller v. Mills
Illinois Supreme Court
This was a bill in chancery, filed in the Wayne Circuit Court by defendant in error, against plaintiff in error, to enforce a vendor’s lien.
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This was a bill in chancery, filed in the Wayne Circuit Court by defendant in error, against plaintiff in error, to enforce a vendor’s lien. The bill alleges, that Miller, defendant in error, contracted to sell the land mentioned in said bill to Mills, plaintiff in error, for the sum of $1,000—$450 to be paid in hand, and $292.50 by the 1st day of January, 1861, and $292.50 on or. before the 1st of January, 1862, for which said last payments Miller executed his two promissory notes. That in making the first payment, of $450, Miller delivered to Mills a horse for $115, as a part of said…
1Opinion of the CourtBreese, J.
It is provided by section 7, chapter 21, that service of summons in chancery shall be made by delivering a copy thereof to the defendant, or leaving such copy at his usual place of abode, with some white person of the family, of the age of ten years or upward, and informing such person of the contents thereof, which service shall be at least ten days before the return day of such summons. (Scates’ Comp. 139.)
The return in question is as follows: “ I have served this summons on the within named Hiram Miller, by leaving a true copy of the within with Ellen Miller, his wife, a person over…
2Cited by3 opinions
- State Bank of Lake Zurich v. ThillIllinois Supreme Court · 1986
- Piggott v. SnellIllinois Supreme Court · 1871
- Littlestone v. Goldenberg ex rel. GoldenbergAppellate Court of Illinois · 1896