# Mack v. Brown

> Illinois Supreme Court · September 15, 1874 · 73 Ill. 295

URL: https://www.frixlaw.com/law-library/cases/6957609

## Case

- **Full name:** Firman K. Mack v. Roswell D. Brown
- **Court:** Illinois Supreme Court
- **Decided:** September 15, 1874
- **Citations:** 73 Ill. 295
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Scholfield
- **Judges:** Scholfield
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6957609

## Opinion text

Mr. Justice Scholfield delivered the opinion of the Court:
The return of the sheriff, showing service on Firman K. Mack, one of the minor defendants, is in these words: “And on Firman K. Mack, by leaving a true copy thereof for him with Adelia Mack, at his usual place of abode, she being a white person, over ten years of-age, the 20th of September, 1872.” This was insufficient to give the court jurisdiction to render any decree affecting his interests, because the return fails to show that Adelia Mack, with whom the copy of the summons was left, was a person of the family, and that she was informed of the contents of the copy, as required by the statute. 1 Gross, 70, sec. 7.
The decree was, therefore, void as against Firman K. Mack, and being a joint decree against all the defendants, must be reversed in toto. Montgomery v. Brown et al. 2 Gilm. 581 ; Tompkims v. Wiltberger, 56 Ill. 385 .
The decree is reversed and the cause remanded.
Decree reversed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6957609. Public record. Not legal advice.