The summons in this case, was returned not served. The court proceeded to default the defendant, and rendered a decree, divorcing the parties, withdut noticing, no doubt, that there had been no service. The decree must be revérsed.
Decree reversed.
Townsand v. Townsand, 21 Ill. 540 (1859)
April 1859
·
Illinois Supreme Court
21 Ill. 540
Louisa Townsand, Plaintiff in Error, v. Thomas A. Townsand et al., Defendants in Error.
ERROR TO KANKAKEE.
It is error to render a decree for a divorce by default, when there has not been any service of process.
April 2nd, 1855, Jonathan B. Townsand, who was the father of the defendants in error, filed his bill against the plaintiff in error, for a divorce. The bill alleges marriage of the parties in Canada, in 1852, their removal to Illinois, 1853.
Summons issued same day. The summons was returned not served, the defendant not being found in the county. A copy of an affidavit, of one George Chipman, is among the papers, stating that he read and delivered a copy of the bill to the plaintiff in error, in Chicago, April 2nd, 1855; but that affidavit is not made a part of the record in any way.
A decree of divorce was rendered, May 16th, 1855.
Since this writ of error was brought, Jonathan B. Townsand died. The defendants in error are his heirs at law.
The error assigned is, that the court erred in rendering a decree, without having service of process therein.
Glover & Cook, for Plaintiff in Error.