Greenman v. Harvey

Citations

• 53 Ill. 386

Syllabus

<p>1. Return upon process—of the time of service. A return upon a summons was as follows: “ Served the within named,” giving the names of the defendants, and concluding thus: “This fifth day of April, 1867:” Held, that by a proper construction of the return, the summons was served on the date mentioned, and the return was sufficiently certain in that regard.</p> <p>2. Service of summons in chancery—upon several defendants. The return upon a summons in chancery against several, was as follows: “ Served the within named, by leaving a true copy of the same with the within named,” giving the names of the several defendants: Held, it might reasonably be inferred from the return, that a copy was delivered to each defendant.</p> <p>8. But if the return would not bear that construction, it could only be understood that a copy was delivered to all the defendants collectively, and not to one of the number, and such a service would be sufficient.</p> <p>4. Service op process upon infants—necessity thereof. In a suit in chancery, an infant was made a party defendant in the bill, but was not named in the summons or served with the process. The guardian of the minor defendant, however, was named in the process and served therewith, and entered the appearance of his ward and filed an answer: Held, this was not sufficient to give the court jurisdiction of the person of the minor; that could be acquired only by service upon the minor himself. The guardian had no authority to enter his appearance.</p> <p>5. Assignment op ebbob—by whom. As a general rule, one of several parties to a suit can not avail of an error committed against his co-plaintiif or co-defendant, but this rule is subject to the limitation that the party seeking to avail of such error is not affected by it.</p> <p>6., So, where a widow instituted a suit for an assignment of her dower in lands which her husband, in his lifetime, had sold and agreed to convey, making the purchasers and the heirs at law parties defendant