Opinion
Gen. No. 44,195. (Abstract of Decision.)
Opinion filed May 26, 1948 Released for publication June 10, 1948
PROCESS, § 14 — stepdaughter as not "some person of family." Where defendant's stepdaughter was maintaining separate and distinct living quarters in apartment on second floor of defendant's two-story building when summons in death action was served by leaving copy with stepdaughter, she was not "some person of the family" within meaning of statute governing service of summons in civil actions, and service was a nullity even if defendant was living in apartment on first floor at time of service; hence defendant's motion to vacate default judgment and for leave to answer complaint should not have been denied (Ill. Rev. Stat. 1947, ch. 110, par. 137; Jones Ill. Stats. Ann. 104.013).
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Superior Court of Cook county; the Hon. FRANK M. PADDEN, Judge, presiding.
Reversed and remanded with directions. Heard in the third division, first district, this court at the October term, 1947.
Joseph A. Power, for appellant;
Edward Arkema and Leo M. Tarpey, for appellees.
Not to be published in full. Opinion filed May 26, 1948; released for publication June 10, 1948.