Chicago Sectional Electric Underground Co. v. Congdon Brake Shoe Manufacturing Co.

Citations

• 111 Ill. 309

Syllabus

<p>1. Contradicting sheriff’s return — by a plea in abatement. A defendant corporation may plead in abatement to the service of process, by contradicting the sheriff’s return; and where it tenders a material issue, and is properly verified, it is error to strike the plea from the files.</p> <p>2. Same — svfficieney of plea. A plea in abatement by a corporation to the jurisdiction over its person, showing its organization under the laws of this State, and its representation by its president, naming him; that at the time of the issuing and service of the summons the president was a resident of the county, and not absent from the same, and that the service was not made upon him, presents an immaterial issue, and is obnoxious to demurrer, in not putting in issue the return that the sheriff was unable to find the president in the county.</p> <p>3. Service of process — on corporation — sufficiency of return. A return to a summons against a private corporation was as follows: “Served this writ on the within named defendant, O. S. E. U. Go., by delivering a copy thereof to E. N. K., director and treasurer of said company, the president of said company not found in my county, the 23d day of November, 1883:” Held, that the return was good, filling the requirements of the statute.</p>