Albin v. Talbott

Citations

• 46 Ill. 424

Syllabus

<p>1. Service of process—and harem of change of venue. In a suit against several defendants, a part of whom, being served with process, obtained a change of venue of the causo, a subsequent service of process on the other defendants, the writ having issued in the county where the suit originated, but prior to such change of venue, will not avail to give the court of the county to which the venue was changed, jurisdiction oyer those so subsequently served with process.</p> <p>2. Pleading—of declaration upon official bond. In an action of debt, the first count was upon an obligation, alleged to have been made payable to the plaintiff, “ late Sheriff of Cumberland county, &c.,” but set out no condition ; the second count was upon a forthcoming bond, executed to the plaintiff as Sheriff of Cumberland county, and set out the condition. The declaration was held bad on demurrer. If the first count was to be regarded a i being upon the forthcoming bond, it was bad for not setting out the condition ; if it was upon an obligation taken by him in his individual capacity only, then it was improperly joined with a count on an obligation given to him in an official capacity.</p>