Mineral Point Railroad v. Keep
Illinois Supreme Court
This was an action of debt upon two contracts, for building the road of the defendant below, plaintiff here; also for warrants drawn upon the treasurer of the company, in favor of plaintiff below. The declaration also contained the common counts.
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This was an action of debt upon two contracts, for building the road of the defendant below, plaintiff here; also for warrants drawn upon the treasurer of the company, in favor of plaintiff below. The declaration also contained the common counts. The suit was commenced by summons, returned as follows, 2nd February: “ Executed the within by delivering a copy of the same to J. R. Booth, agent, and A. W. Dexter, conductor of said Mineral Point R. R. Co.” Amended so as to read, “ Executed the within writ by delivering a true and correct copy of the same to J. R. Booth, agent, and J. W. Dexter,…
1Opinion of the CourtBreese, J.
Several objections are made by the appellants to the proceedings in this cause, some of which, deemed the most important, we will notice.
The first is, that there was no service of process in the original suit, and that the court erred in requiring the defendants below, to make any further appearance in the cause than to object to the service.
The service was as follows : “ Executed the within writ by delivering a true and correct copy of the same to J. R. Booth, agent, and J. W. Dexter, conductor of said Mineral Point Railroad Co., this 2nd February, 1857, the president of said company not…
2Cited by42 opinions
- Booz v. Texas & Pacific Railway Co.Illinois Supreme Court · 1911
- Slates v. International House of Pancakes, Inc.Appellate Court of Illinois · 1980
- Supreme Hive Ladies of the Maccabees of the World v. HarringtonIllinois Supreme Court · 1907
- Hannibal & St. Joseph Railroad v. CraneIllinois Supreme Court · 1882
- Edwards v. SchillingerIllinois Supreme Court · 1910
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