Reports of Cases At Law And in Chancery Argued ..., volume 27; volume 57
Reports of Cases At Law And in Chancery Argued ..., volume 27; volume 57
Illinois. Supreme Court
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Where the return of ser- vice, upon a summons, made by a deputy sheriff, who had since died, was thought to be defective, it uot appearing that his principal was present at the execution of the writ, and cognizant of the manner in which the service was made, and there being no sufficient memorandum made by the former at the time the service was had by which the amendment could be made, it was hdd, incompetent for the latter to amend the return. 5. Inasmuch as the return to process can only be a...mended by the facts, the amendment should be made by the officer who served the writ and knows the facts, or if by his principal, then from a memomndum made by the deputy at the lime he served the writ, and which clearly and unmis- takably states the facts omitted in the return. 6. Same — presumption as to icho served the torit. It will be presumed that the officer making a return served the writ or did what the return states was done. It can not be prt'sumed tluit when a deputy sheriff says in the return the service was made by him, that the writ was executed by his principal, or that the latter was present and cognizant of what was done, or the manner in which the service was actually made.
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