Inman v. Allport

Citations

• 65 Ill. 540

Syllabus

<p>1. Jurisdiction of person—in attachment suit. An action by attachment was brought against The Liverpool, New. York and Philadelphia Steamship Company as a foreign corporation, notice given by publication and service had on an agent. Upon the plea of nul tiel corporation being filed, the plaintiff entered his motion to amend the pa'pers in the cause by inserting the names of the owners, which was allowed, and summons issued against the new defendants, and alias attachment, hut no service had on defendants, and no new affidavit made, showing the indebtedness and non-residence of the defendants. No appearance was entered, except in respect to the corporation first sued: Eelcl, that the court acquired no jurisdiction, and the subsequent proceedings were coram non judice.</p> <p>3. Where defendants were sued as a foreign corporation, and not in any partnership name, an amendment of the papers, making them defendants as partners, will be regarded as a new proceeding; and if the suit is by attachment, a new affidavit, showing the indebtedness and non-residence of the defendants, will be indispensable to confer jurisdiction on the court, unless waived by an appearance.</p> <p>3. Appearance. Where a corporation was sued, and certain parties appeared and pleaded in the name of the corporation, after which the court allowed an amendment, making such persons defendants as partners : Reid, that their appearance and pleading to the action, as against the corporation, could not he held an appearance after the amendment.</p>