Ryan v. Lander
Illinois Supreme Court
Appeal from the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding. This was an action of covenant, brought by Lander, against the Brewers’ Insurance Company of Milwaukee and Ryan. A summons was issued to the sheriff of Cook county. The sheriff returned the same with this indorsement: “Served this writ on the within named E. E. Ryan by reading the same to him the 31st day of October, 1876, the other defendant not found in my county.”
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Appeal from the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding. This was an action of covenant, brought by Lander, against the Brewers’ Insurance Company of Milwaukee and Ryan. A summons was issued to the sheriff of Cook county. The sheriff returned the same with this indorsement: “Served this writ on the within named E. E. Ryan by reading the same to him the 31st day of October, 1876, the other defendant not found in my county.” The declaration having been duly filed, defendant Ryan, at the return term, pleaded to the action, that he is and was a resident of Will…
1Opinion of the Court
Per Curiam :
The only ground for reversing this judgment, which has been seriously urged, is that the court ordered this plea to be stricken from the files. By the strict rules of the common law of England, the return of an officer could not be contradicted by plea or proof. The only remedy for a false return was by action against the officer.
In this State, that rule has been relaxed, and under certain circumstances a contradiction of the officer’s return has been permitted.
The ground upon which this modification of the practice has been upheld is, that otherwise, very serious injustice might…
2Cited by4 opinions
- Daugherty v. CarnineIllinois Supreme Court · 1913
- Michels v. StorkMichigan Supreme Court · 1883
- Pooler v. SouthwickAppellate Court of Illinois · 1906
- Harrison v. HartAppellate Court of Illinois · 1886