Groth v. Schueneman-Flynn's Logan Square, Inc.

Full title: Arnold Groth, Appellee, v. Schueneman-Flynn's Logan Square, Inc., Appellant

Court: Appellate Court of Illinois, First District

Date published: Apr 23, 1941

310 Ill. App. 260 (Ill. App. Ct. 1941)

33 N.E.2d 914

Opinion

Gen. No. 41,573. (Abstract of Decision.)

Opinion filed April 23, 1941

DEFAULTS, § 109^_ — vacation for defective service, propriety of refusal. Motion to vacate default judgment because of faulty service of summons was properly denied, where bailiff's return showed service on agent of defendant corporation according to law, the deputy bailiff pointed out the agent on whom he had made service but who had refused to give her name, evidence showed that alleged agent was employed by defendant on day summons was served and had been so employed for three years prior thereto, and court properly permitted plaintiff to introduce evidence in support of his answer to defendant's petition.

_ See Callaghan's Illinois Digest, same topic and section number.

Appeal from Municipal Court of Chicago; Hon. JOHN GUTKNECHT, presiding.

Affirmed. Heard in third division, first district, this court at December term, 1940.

Charles V. Falkenberg, for appellant;

Irving D. Levin and Jacob Brisgall, for appellee.

Opinion by PRESIDING JUSTICE HEBEL.

"Not to be published in full." Opinion filed April 23, 1941.