Legal Opinion

Bancroft v. Speer

Illinois Supreme Court

Decided April 15, 1860PublishedCited by 2 opinions

This case was reversed on the ground of an insufficient return, by the sheriff. The facts are sufficiently stated in the opinion. .

1Opinion of the CourtWalker, J.

The return to this summons is this: “ Served the within by reading the same to and in the hearing of S. B. Bancroft, June 21,1858.” It fails to specify whether the date is designed to indicate the day it was served or returned. In this it was insufficient. Ogle v. Coffey, 1 Scam. 239. This return also fails to show that the summons was served on the defendant. The officer returns that he served it upon S. B. Bancroft, but fails to say that he was the person named in the summons, and we know that these initials may as well apply to other names as that of “ Samuel B.,” and we know of nothing by…

2Cited by2 opinions

  1. Cariker v. AndersonIllinois Supreme Court · 1862
  2. Littlestone v. Goldenberg ex rel. GoldenbergAppellate Court of Illinois · 1896

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