{
  "id": 2597346,
  "name": "George Divilbiss, Administrator of Nathan'l C. Divilbiss, deceased, Plaintiff in Error, v. James S. Whitmire, Assignee of D. J. Stewart, Defendant in Error",
  "name_abbreviation": "Divilbiss v. Whitmire",
  "decision_date": "1858-04",
  "docket_number": "",
  "first_page": "425",
  "last_page": "426",
  "citations": [
    {
      "type": "official",
      "cite": "20 Ill. 425"
    }
  ],
  "court": {
    "name_abbreviation": "Ill.",
    "id": 8772,
    "name": "Illinois Supreme Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 177,
    "char_count": 2252,
    "ocr_confidence": 0.56,
    "pagerank": {
      "raw": 5.8591662004228935e-08,
      "percentile": 0.3668962939538174
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    "sha256": "654300db8d27c39d530a7f7fb6d4e01e18d1d8c5f917fe7c3404a1b72881dbca",
    "simhash": "1:0d0612fc2777703e",
    "word_count": 404
  },
  "last_updated": "2023-07-14T18:54:40.778931+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "George Divilbiss, Administrator of Nathan'l C. Divilbiss, deceased, Plaintiff in Error, v. James S. Whitmire, Assignee of D. J. Stewart, Defendant in Error."
    ],
    "opinions": [
      {
        "text": "Breese, J.\nIt is only necessary to advert to the first error assigned, which is, \u201c Rendering a decree by default against the defendant, there being no service of process on him, and no equity on the face of the bill.\u201d\nThe summons is in the usual form, against Nathaniel C. Divilbiss, and the return upon it is as follows:\nI have served this writ by delivering a true copy of the same to the within named James Divilbiss, he being a white person over 10 years old, on this second day of May, A. D. 1856, as within commanded.\nA. GARDNER,\nSheriff Marshall County, Ill.\nThe seventh section of the Chancery Practice Act, (R. S., chap. 21,) is as follows:\n\u201c Service of summons shall be made by delivering a copy thereof to the defendant, or leaving such copy at his usual place of abode with some white person of the family of the age of ten years or upwards, and informing such person of the contents thereof, which service shall be at least ten days before the return day of such summons.\u201d\u2014p. 94.\nThis return is so destitute of all these important requirements as to render it unnecessary to expend words about it\u2014it is a perfect nullity. Townsend et al. v. Griggs, 2 Scam. R. 366; Montgomery et al. v. Brown et al., 2 Gilm. R. 584. The defendant not having been served with process, his default was improperly entered, and the final decree thereon irregular and erroneous.\nThe decree is reversed, and the cause remanded.\nDecree reversed.",
        "type": "majority",
        "author": "Breese, J."
      }
    ],
    "attorneys": [
      "N. H. Purple, for Plaintiff in Error.",
      "J. Clark, for Defendant in Error."
    ],
    "corrections": "",
    "head_matter": "George Divilbiss, Administrator of Nathan'l C. Divilbiss, deceased, Plaintiff in Error, v. James S. Whitmire, Assignee of D. J. Stewart, Defendant in Error.\nERROR TO MARSHALL.\nThe return to a summons in chancery, which states service by delivering a true copy to the within named, etc., he being a white person over ten years old, on, etc., as within commanded, is a nullity, and no default can be taken upon it.\nThis was a bill in chancery, filed in the Marshall Circuit Court, in March, 1856, by Whitmire, as assignee of Stewart, against Nathaniel C. Divilbiss, who is now deceased. A summons was issued, and returned as set out in the opinion. Upon this return a default was taken, and a decree of foreclosure by default was entered upon it.\nN. H. Purple, for Plaintiff in Error.\nJ. Clark, for Defendant in Error."
  },
  "file_name": "0425-01",
  "first_page_order": 427,
  "last_page_order": 428
}