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26 Ill. 348

Maher v. Bull

Illinois Supreme Court

Decided April 15, 1861

Illinois Supreme Court · decided 1861-04-15

Bull commenced an action of covenant in the Superior Court of Chicago, against said appellants. Damages were laid at $3,000. Summons was issued and served on the same day. The following is a copy of the amended return of service of the officer, to wit: “ Served the within writ on the within named Hugh Maher, by informing him of the contents of the within writ, and he accepting service, the 12th of October, 1860; the other defendant not found in my county, 12th October, 1860.

Cited by 3 later decisions — most recently September 1870

3 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1861-04-15

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Caton, C. J.

¶1The service in this case was this: “ Served the within writ on the within named Hugh Maher by informing him of the contents of the within writ, and he accepting service the 12th of October, I860.” This service was not sufficient. The statute requires the service to be by reading or by copy. If he had acknowledged service in writing upon the process, it might have estopped him to deny a sufficient service. But in this case there was neither the service required by the statute nor its full equivalent. The officer says he informed the defendant of the contents of the writ; but in this he may have misunderstood the substance of the writ. The defendant was not bound to take the understanding of the officer of the purport of the writ. If the particular mode of service required by the statute can in any case be dispensed with, it can only be where the court can see that the information conveyed to the defendant was quite as full and beneficial as if the service had been in strict conformity to the statute.

¶2The judgment below is reversed. Judgment reversed.

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