Brown v. Brown

Citations

• 59 Ill. 315

Syllabus

<p>1. Summons—service—default. Where a bill for a divorce was, upon a default, taken as confessed, and the next day the defendants filed affidavits proving'satisfactorily that the person with whom the copy of the summons was left was not a member of his family, and a motion entered to set aside the default, and be permitted to answer, but the motion was overruled: Held, that it was error to overrule the motion.</p> <p>3. Practice—return of officer—Us character. While the rule is well established, that the return of an officer can not be contradicted, and is founded on public policy for the protection of innocent persons in their rights acquired under legal proceedings, yet there are some few cases which are excepted from the rule, and this case is one of those exceptions. But it is not in every case of a default that it will be permitted to contradict the return.</p>