Illinois Supreme Court, 1868

St. Louis, Alton & Terre Haute Railroad v. Dorsey

St. Louis, Alton & Terre Haute Railroad v. Dorsey
Illinois Supreme Court · Decided January 15, 1868 · Lawrence
47 Ill. 288

St. Louis, Alton & Terre Haute Railroad v. Dorsey

Opinion of the Court

Mr. Justice Lawrence

delivered the opinion of the Court:

The service in this case was insufficient, and there having been no appearance by the defendant, the judgment must be reversed. The return of the sheriff, to have been good under the act of 1853, should have shown that the President of the company did not reside in the county, or was absent. Only in that contingency does the statute authorize service on an agent.

Judgment reversed.

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