Union National Bank v. First National Bank

Citations

• 90 Ill. 56

Syllabus

<p>1. Abatement—denying service of process on corporation. A corporation may put in issue the fact of the service of process upon it by plea in abatement, and thus contradict the officer’s return, which is only prima facie evidence of the truth of the facts therein recited.</p> <p>2. Same—former decision. So far as there are expressions in Protection Life Insurance Co. v. Palmer, 81 Ill. 88, intimating a rule contrary to that above laid down, they are to be regarded as obiter dicta only, and not as designed to overrule previous decisions.</p> <p>3. Same—when not pleaded in apt time—waiver. A plea in abatement must be filed at the earliest opportunity, and before taking any other step in the case. It is too late after intei’posing an insufficient motion whereby to take advantage of the same matter.</p>