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
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In our eReader you can find the full English version of the book. Read Reports of Cases At Law And in Chancery Argued ..., volume 27; volume 57 Online - link to read the book on full screen. Our eReader also allows you to upload and read Pdf, Txt, ePub and fb2 books. In the Mini eReder on the page below you can quickly view all pages of the book - Read Book Reports of Cases At Law And in Chancery Argued ..., volume 27; volume 57
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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.
What to read after Reports of Cases At Law And in Chancery Argued ..., volume 27; volume 57?
You can find similar books in the "Read Also" column, or choose other free books by Illinois. Supreme Court to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
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.
What to read after Reports of Cases At Law And in Chancery Argued ..., volume 27; volume 57?
You can find similar books in the "Read Also" column, or choose other free books by Illinois. Supreme Court to read onlineMoreLess
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