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· 6/15/1874

Cairo & Vincennes Railroad v. Joiner

Citations

  • 72 Ill. 520

Syllabus

<p>1. Service of process on railroad company. Service of process on a railroad company, under the Practice Act in force July 1, 1872, can only he hy leaving a copy with the proper person, and can not he hy reading the same.</p> <p>2. Same—must he on president of railroad, company, if he can he found. Where the return of the officer states that he read the process to a station agent (naming him) of the defendant, the president and secretary not being residents of the county, it is defective, both because it shows attempted service by reading instead of by copy, and because it does not show that the president could not be found in the county; the fact that he was not a resident of the county, does not exclude the idea that he might have been found therein at the time of service.</p>

Judges: Scholfield

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