St. Louis, Alton & Terre Haute Railroad v. Dorsey
Illinois Supreme Court
St. Louis, Alton & Terre Haute Railroad v. Dorsey, 47 Ill. 288 (Ill. 1868)
Lawrence
St. Louis, Alton & Terre Haute Railroad v. Dorsey
Opinion of the Court
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.
Reference
- Full Case Name
- St. Louis, Alton & Terre Haute Railroad Company v. Benjamin F. Dorsey
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- 1. Corporations—service of process. Under the act of 1853, in relation to service of process upon incorporated companies, in order that return of service upon an agent may be held good, the return must show that the President of the company did not reside in, or was absentfrom the county.