Summary
In Cowen v. Harding Hotel Co., 329 Ill. App. 239, 67 N.E.2d 707, the court held that summons shown as returned the day before suit was brought constituted an invalid service.
Summary of this case from Lichter v. ScherOpinion
Gen. Nos. 43,527, 43,687. (Abstract of Decision.)
Opinion filed June 26, 1946 Rehearing denied July 9, 1946 Released for publication July 9, 1946
JUDGMENTS, § 142 — when default judgment was set aside as result of court's action. In action against defendants to recover damages for injuries allegedly suffered by plaintiff as result of eating sandwich containing pieces of tin in restaurant, where it appeared that default judgment against one defendant showed service of process on day before suit was brought and that court allowed amendments to sheriff's return, held that when court permitted return to be corrected, effect was to set aside default and defendant should have been given leave to defend under circumstances of case.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Cook county; the Hon. CHARLES D. PAGE and HARRY M. FISHER, Judges, presiding.
Reversed and remanded with directions. Heard in the first division, first district, this court at the October term, 1945.
Vogel Bunge, for appellant;
Barnet Perel, for appellee;
Arthur A. Wolfinsohn and George A. Gordon, of counsel.
Not to be published in full. Opinion filed June 26, 1946; rehearing denied July 9, 1946; released for publication July 9; 1946.