Filkins v. O'Sullivan

Citations

• 79 Ill. 524

Syllabus

<p>1. Service op summons—can not be made by plaintiff. A party to a suit can not serve his own writ, and where the writ is served by a person not an officer, deputized by the sheriff, and bearing the same name as that of one of the plaintiffs in the action, and nothing appears to the contrary, this court will presume, from the identity of names, that the person serving the writ was the part)' plaintiff, and the service will not be good.</p> <p>2. Same—when made by special deputy, return must be sworn to. The statute requires, that when service of summons is made by a special deputy, he shall make his return verified’ by oath; and when service is made by such special deputy, and the return is not so made and verified, and a judgment is rendered against the defendant by default, he can take advantage of the failure of the deputy to comply with the statute in the Supreme Court.</p>