Rivard v. Gardner

Citations

• 39 Ill. 125

Syllabus

<p>1. Idem sonans. Where a bill was filed against defendants by the name of Sinclair, and the process issued against them under the name of St. Clair, anci was returned served upon them under the latter name, Held, that these names in ordinary enunciation are not distinguishable, and the doctrine of idem sonans is applicable, and there is no variance.</p> <p>2. Officer—defect in return of, on summons cured by the decree. Where the return of the sheriff on the summons does not show the date of the service, but the decree of the court recites “ that the defendants were duly served,” such recital cures the defect in the return.</p> <p>3. Fame return—parol evidence. When a writ is returned by an officer as duly served, the defendant is estopped from contradicting such return, as against third persons who have acquired rights under the judgment of the court.</p> <p>4. Same—remedy of the party injured. In such case, the remedy of the injured party is by an action against the officer for a false return.</p>