Howell v. Albany City Insurance

Citations

• 62 Ill. 50

Syllabus

<p>1. Practice—declaration before second term—dismissal. Where the plaintiff's summons was made returnable to the November term, 1870, of the Circuit Court, which was, in fact, served within ten days before that term, but no indorsement of service was made until Feb. 7 following, the commencement of the second term after suit brought, and the court dismissed the suit on motion of the defendant because no declaration had been filed ten days before the second term : Held, that the dismissal was proper.</p> <p>2. BETURisr of Sheriff—after expiration of office. A sheriff after the expiration of his term of office may amend or make a return of service of process duly performed by him while in office, when the service is recent.</p>