St. Louis, Alton & Terre Haute Railroad v. Dorsey
47 Ill. 288 | Ill. | 1868
delivered the opinion of the Court:
The service in this case was insufficient, and there having been no appearance by the defendant, the judgment must be reversed. The return of the sheriff, to have been good under the act of 1853, should have shown that the President of the company did not reside in the county, or was absent. Only in that contingency does the statute authorize service on an agent.
Judgment reversed.
