Fitzgerald v. Kimball

Citations

• 86 Ill. 396

Syllabus

<p>1. Process — contradicting return of service. Where a constable’s return to a summons issued by a justice of the peace shows a due service on the defendant by reading the same, the law will not permit the defendant to contradict the official return, and thereby show a cause for reviewing a case by certiorari, instead of by appeal.</p> <p>2. Certiorari — excuse for not appealing. Where the officer’s return shows service of the summons issued by a justice of the peace, the defendant must be held guilty of negligence if he does not appear and defend before the justice of the peace, and can not be heard to excuse his not appealing in the ordinary way on the ground that no service was had on him in fact, and, therefore, he was ignorant of the judgment. The officer’s return is conclusive as to service.</p>