Bletch v. Johnson

Citations

• 35 Ill. 542

Syllabus

<p>1. Service op process—in ejectment. Where service of the declaration in ejectment is sought to be made under the latter clause of the 11th section of the ejectment act, it is essential that the return should show that a copy of the declaration and the notice were left at the dwelling house of the defendant. It is not enough to state that they were left with the wife of the defendant, being a white person over the age of ten years.</p> <p>2. The return should show, also, when the service was.made. If no month is named in the return, when the copy was delivered, the omission will be fatal.</p> <p>3. The return should be sufficiently complete to show when and how service was made; otherwise, the court cannot determine whether the defendant has had proper notice of the commencement of the suit.</p> <p>4. Nor has the court power to indulge in presumptions to aid a defective return.</p>