Winnesheik Insurance v. Holzgrafe
Illinois Supreme Court
Writ of Error to the Circuit Court of Mason county ; the Hon. James Harriott, Judge, presiding. This was a bill in chancery, filed in the Circuit Court of Mason county by Holzgrafe, against the Winnesheik Insurance Company, to recover for loss by fire- on his application for their policy of insurance.
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Writ of Error to the Circuit Court of Mason county ; the Hon. James Harriott, Judge, presiding. This was a bill in chancery, filed in the Circuit Court of Mason county by Holzgrafe, against the Winnesheik Insurance Company, to recover for loss by fire- on his application for their policy of insurance. The summons issued out of the Circuit Court of Mason county, and the return showed that service was had by the sheriff of Stephenson county, upon the President of the Insurance Company in his county. Upon the hearing, a default was taken against the defendant, and a decree pro confesso for the…
1Opinion of the CourtChief Justice Breese
It is impossible to distinguish this case from that of the Stephenson County Insurance Company v. Dunn, 45 Ill. 211.
In all its material features, it is identical with that case, and as in that, we held the summons could not be sent from Livingston county to Stephehson county, to be executed so as to give the court jurisdiction of the person of the defendant; so we must hold here, the summons could not be sent from Mason county to Stephenson county, to be executed. It can make no difference, that, in the first case, it was a suit at law, and in . this case a suit in chancery, the only law…
2Cases cited1 opinion
- Stephenson Insurance v. DunnIllinois Supreme Court · 1867
3Cited by1 opinion
- Dale v. Modern Woodmen of AmericaAppellate Court of Illinois · 1908