Kress v. O'Hara

An action to recover damages was brought by plaintiff-appellee (hereinafter “plaintiff”) in the circuit court of Cook County against defendant-assured (hereinafter “O’Hara”) of garnishee-defendant Prestige Casualty Company (hereinafter “Prestige”); the basis for the action below was O’Hara’s alleged negligence in the operation of a motor vehicle, which resulted in injuries to plaintiff arising out of an automobile accident on November 2, 1963.

Service of summons was had upon the Illinois Secretary of State pursuant to the Illinois Non-Resident Motorist Act. (Ill. Rev. Stat. 1967, ch. 95%, par.…