Legal Opinion

National Parlor Furniture Co. v. Strauss

Appellate Court of Illinois

Decided April 8, 1898Published

Assumpsit, on the common counts. Appeal from the Superior Court of Cook County; the Hon. Fablin' Q. Ball, Judge, presiding.

1Opinion of the Court

Mr. Presiding Justice

Shepard delivered the opinion of the Court.

The appellant corporation brought assumpsit to the August term, 1895, of the Superior Court of Cook County, describing the defendants, in the praecipe, as “Isydore Strauss and E. W. Strauss, doing business as Isydore Strauss & Son,” and naming them in the summons and declaration in the same way, except by omitting the words “ doing business.”

The summons was returned by the sheriff “ served this writ on the within named defendants, E. W. Strauss, by reading, * * * the other defendant not found,” etc.

At the return term, one Harry…

2Cases cited9 opinions

  1. Van Cott v. SpragueAppellate Court of Illinois · 1880
  2. Pitts Sons' Manufacturing Co. v. Commercial National BankIllinois Supreme Court · 1887
  3. Humphrey v. PhillipsIllinois Supreme Court · 1870
  4. Chicago Sectional Electric Underground Co. v. Congdon Brake Shoe Manufacturing Co.Illinois Supreme Court · 1884
  5. Union National Bank v. First National BankIllinois Supreme Court · 1878

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