Opinion
Gen. No. 42,033. (Abstract of Decision.)
Opinion filed June 19, 1942 Rehearing opinion filed November 17, 1942
PROCESS, § 11 — when alias summons may issue without return of original summons. Alias summons held not ineffective, although original summons allegedly had not been returned by sheriff, where alias summons was issued on order of court (Ill. Rev. Stat. 1941, ch. 110, par. 259.5; Jones Ill. Stats. Ann. 105.05), distinguishing Daly v. City of Chicago, 295 Ill. 276, 129 N.E. 139; Snyder v. Whitney, 310 Ill. App. 297, 34 N.E.2d 95.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Circuit Court of Cook county; Hon. PHILIP J. FINNEGAN, presiding.
Decree affirmed. Heard in second division, first district, this court at October term, 1941.
Albert E. Lake, for appellants;
Howard E. DeLong, for appellee;
E.C.F. Meier and Hyland J. Paullin, of counsel.
ON REHEARING.
"Not to be published in full." Opinion filed June 19, 1942; rehearing opinion filed November 17, 1942.