Higgins v. Bullock

Citations

• 66 Ill. 37

Syllabus

<p>1. Evidence—-judicial notice taken of counties in the State. This court will take judicial notice of the names of the counties in this State.</p> <p>2. Return op service—swrplusage will not vitiate. Where a summons was directed to the sheriff of Wabash county, and the officer’s return of service commenced “ State of Illinois, Nash county:” Seld, that the word “ Nash ” was an evident misprision, and that the name of the county in the venue of the return was without any effect upon the return.</p> <p>3. Same—presumption in aid of return. Where a summons was directed to the sheriff of Wabash county, and the officer serving signed his name as “ sheriff,” without stating of what county: Seld, that the return should be taken in connection with the direction and command in the writ, and should receive a construction in support of it; and that it would be intended he was sheriff of Wabash county.</p> <p>4. Pleading —dedas’ation—assignment of note. In a suit by the assignee of a promissory note against the maker, the declaration, after setting forth the making of the note, alleged, “ and the said Alfred Ingalls (the payee) then and there indorsed the same to the plaintiff:” Seld, that while a delivery was necessary to pass title to the plaintiff, yet where the question was presented .on error to a judgment by default, the allegation would be regarded as importing a complete indorsement by the delivery of the note to the plaintiff.</p>