Legal Opinion

Metzger v. Huntington

Appellate Court of Illinois

Decided December 21, 1893Published

Memorandum.—Abatement to the service of process. Error to the Circuit Court of Cook County; the Hon. Francis Adams, Judge, presiding. Heard in this court at the October term, 1893, and affirmed..

1Opinion of the CourtJustice Gaby

delivebed the opinion of the Coubt.

This was an action upon a judgment in Indiana, in favor of the defendant in error against the plaintiff in error, who pleaded in abatement that he was not served with process in this action.

The jury found against him upon evidence conflicting, it is true, but which upon one side justified the conclusion that the summons was read in his hearing, though the officer addressed himself to Metzger’s clerk; both the clerk and Metzger being aware that the officer thought that the clerk ivas Metzger. Eo authority is cited or argument made that evidence of such…

2Cases cited4 opinions

  1. Greer v. YoungIllinois Supreme Court · 1887
  2. Moeller v. QuarrierIllinois Supreme Court · 1853
  3. Boggs v. BindskoffIllinois Supreme Court · 1859
  4. Schram v. PeopleIllinois Supreme Court · 1862

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