Toledo, Peoria & Warsaw Railway Co. v. Butler

It appears that the return of service by the sheriff as at first made was insufficient. But judgment by default was rendered at the return term, for the want of a plea. To reverse this judgment this writ of error was prosecuted, and defendant in error, subsequently, on a motion and leave granted, had the sheriff to amend his return. It is now urged that defendant, having failed to give notice to plaintiffs in error of the intended application for leave to amend, the error is not removed. It was held in the cases of Moore v. Purple, 3 Gilm. 149 ; Morris v. School Trustees, 15 Ill. 266, and…