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16 Ill. 299

Ball v. Shattuck

Illinois Supreme Court

Decided June 15, 1855

Illinois Supreme Court · decided 1855-06-15

<p>ERROR TO DE KALB.</p> <p>The return of the service of a summons, except where the statute otherwise provides, should show the time when, upon whom, and how, the service was made. A return, stating that a summons has been duly served on A. B., according to law, is not good.</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1855-06-15

How this case has been cited

Cited by 4 later decisions — most recently February 1928

4 state decisions

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Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Skinner, J.

¶1This is an action of assumpsit, commenced in the De Kalb circuit court by Loomis Shattuck, against John H. Ball, and James L. Ball. The sheriff’s return of service of the summons is as follows:

¶2“ Sept. 30, 1854.

¶3I return this summons, it having been duly served on the within named John H. Ball and James L. Ball, according to law.

¶4J. E. GLIDDEN, Sheriff.”

¶5The defendants below not appearing, judgment was rendered against them by default. The Balls assign for error that the sheriff’s return is insufficient. To give the circuit court jurisdiction of the persons of the defendants in that court, a legal service of summons on them was necessary.

¶6The mode of service of summons, where not otherwise provided by statute, is by reading the same to the defendants and each of them, and the return should show the time when, upon whom, and how the service was made.

¶7The following form may be adopted in cases where the statute does not otherwise provide:

¶8“I did, on "the-day of-, 18—, servo this writ, by reading the same

¶9to the within named, A. B. Dated this-day of-, 18—.

¶10C. D., Sheriff of H. C., Ill,”

¶11In this case, it cannot be determined, from the return, in what manner, nor ait what time, the service was made on the defendants below, therefore the circuit court had not obtained jurisdiction of their persons, and the judgment is erroneous. Ogle v. Coffey, 1 Scam. 239; Billingall v. Gear, 3 Scam. 575.

¶12Judgment reversed and cause remanded.

¶13Judgment reversed.

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