Opinion
Gen. No. 44,009. (Abstract of Decision.)
Opinion filed June 16, 1947 Released for publication June 30, 1947
AUTOMOBILES AND MOTOR VEHICLES, § 101.6 — nonresident motorist subject to substituted service on Secretary of State, determination on motion to quash. Inference that defendant motorist was resident of Illinois at time of automobile accident, so as to render inapplicable statute permitting service of process on Secretary of State in case of nonresident, did not arise from allegation in complaint that defendant had not been resident of Illinois since certain date subsequent to accident, especially in view of positive statement in special appearance that at time of accident defendant was resident of another state, and consequently unverified motion to quash summons was properly denied (Ill. Rev. Stat. 1945, ch. 95 1/2, par. 23; Jones Ill. Stats. Ann. 85.023).
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Cook county; the Hon. BENJAMIN EPSTEIN, Judge, presiding.
Judgment affirmed. Heard in the first division, first district, this court at the February term, 1947.
O'Brien, Hanrahan Keogh, for appellant;
Richard E. Keogh and John D. Pope, of counsel;
Edmund C. Maurer and Maurice L. Davis, for appellee.
Not to be published in full. Opinion filed June 16, 1947; released for publication June 30, 1947.