Illinois & Mississippi Telegraph Co. v. Kennedy
Illinois Supreme Court
This was an action of assumpsit against the Mississippi Telegraph Company, for an injury sustained by a horse of the defendant in error, by running against the telegraph wire, which, it is alleged, was left too near the earth.
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This was an action of assumpsit against the Mississippi Telegraph Company, for an injury sustained by a horse of the defendant in error, by running against the telegraph wire, which, it is alleged, was left too near the earth. The return to the process issued in this case, was, “ Executed this writ, by reading the same to J. D. C., as president of the Illinois and Mississippi Telegraph Company, and by leaving a copy of this writ with him, Sept. 15th, 1855.” There was a judgment by default in the Grundy Circuit Court, on the verdict of a jury, for one hundred and sixty dollars.
1Opinion of the CourtBreese, J.
We hold the service insufficient in this case, for the reason that the writ is against the Illinois and Mississippi Telegraph Company, and the service authorized by the act (Scates’ Comp. 243,) shall be on the president of the company, if he resides in the county in which the suit is brought.
The return must be positive that the writ was served upon the president, and the officer must take the responsibility of determining the fact. To serve it upon A. B. “ as president,” is not a compliance with the statute.. The judgment is reversed.
Judgment reversed.
Catón, C. J., did not sit in this case.
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