Bell v. Dart

Citations

• 54 Ill. 526

Syllabus

<p>1. Justices op the peace—continuance for want of service—what is the commencement of a suit. Since the act of 1857, the only mode by which a case before a justice of the peace can be continued for want of personal service of the summons, is by leaving a copy of the summons at the residence of the defendant, with some member of his family above the age of ten years, and informing such person of the contents thereof. When that is done, if the defendant fails to appear on the return day, the cause will be continued and an alias summons issued, and so on until the defendant shall appear or be personally served.</p> <p>2. When that course is pursued, the issuing of the first summons will be regarded as the commencement of the suit; but if the first summons, not being personally served, is not served by a copy left at the defendant’s residence, there is no authority in the justice to continue the case, and issue an alias, as such, and, the defendant not appearing, the case must go out of court.</p> <p>3. In that case, the bar of the statute of limitations might become complete between the time of issuing the summons not served in any mode, and the time of issuing another, in respect to which the act of 1857 is complied with.</p>