Chicago Sectional Electric Underground Co. v. Congdon Brake Shoe Manufacturing Co.

This is assumpsit, by appellee, against appellant. The return upon the summons is as follows:

“Served this writ on .the within named defendant, Chicago Sectional Electric Underground Company, by delivering a copy thereof to E. N. Koch, director and treasurer of said company, the president of said company not found in my county, the 23d day of November, 1883.

Seth F. Hanchett, Sheriff.

By D. W. Nickerson, Deputy.”

Appellant, on the 3d of December, 1883, filed a plea in abatement, which, omitting the caption, is as follows:

“And the said Chicago Sectional Electric Underground Company, by its…