Brent v. Shook

Citations

• 36 Ill. 125

Syllabus

<p>1. Plaintiff — description, of, in summons and declaration. The plaintiff, in the summons and his declaration, described himself as “Dykeman Shook, administrator of the estate of Thomas Evarts, dec’d,” but made no profert of letters of administration: held, that the suit was in his individual right, and that “administrator,” etc., was only description of the person, and that profert of his letters was not proper.</p> <p>2. Summons — service on only one of two defendants. Where two defendants are sued, and the sheriff returns but one served, and makes no return as to the other, it will be presumed that he was not served; and it is not error to take judgment against the defendant who was served, without issuing an alias summons, or a scire facias, to bring the defendant not served into court.</p>