Noleman v. Weil

Citations

• 72 Ill. 502

Syllabus

<p>1. Service oe summons by a special deputy must be by copy as well as by reading. A special deputy, appointed under the act of 1869, is required to serve a summons in a case at law by reading the same to the defendant, and by delivering to him a copy.</p> <p>2. Practice—when return of service is defective should be amended, or the cause continued for service. Where the return of a special deputy upon a summons in a case at law shows service only hy reading, it should he amended to show that a copy was delivered to the defendant, if such is the fact, and if not, then the return should he quashed and the cause continued, for the purpose of getting service. In such a case, the defective service is no cause for dismissing the suit.</p>