Illinois Land & Loan Co. v. McCormick
Illinois Land & Loan Co. v. McCormick
Opinion of the Court
Appellant and other defendants in the court below were served with summons by a special deputy.
The statute, which authorizes the appointment of a special deputy, requires that the appointment shall be indorsed upon or attached to the summons, and shall be signed by the sheriff. Gross, (1869) 718. The law clearly intends a written appointment.
The record before us shows that the sheriff did not comply with the statute, and the service by the deputy was without proper authority.
After the record was filed in this court, and errors assigned, the decree was amended in the court below, at a term' subsequent to the one at which it was rendered, so as to exclude appellant from its force.
This practice was irregular, and should not have been permitted ; and, in this instance, we must decide upon the original record.
The decree is reversed and the cause remanded.
Decree reversed.
Reference
- Full Case Name
- The Illinois Land and Loan Co., Impleaded, etc. v. Cyrus H. McCormick
- Cited By
- 5 cases
- Status
- Published
- Syllabus
- 1. Service, by special deputy. The authority of a special clcput)' sheriff to serve a summons, under the act of March 25,1869, must be by written appointment of the sheriff. 2. Amendment, of decree at subsequent term. Upon the rendering of a final decree in a chancery suit, one of the defendants took an appeal therefrom to this court. After the record was filed in this court, and errors assigned thereon, at the instance of appellees, complainants below, the’decree was amended at a subsequent term to the one at which it was rendered, so as to exclude appellant from its force: Held, such practice was irregular, and should not have been permitted, and this court could only decide on the original record.