FREUND EQUIPMENT, INC. v. FOX

No. 2-97-1274.

703 N.E.2d 542 (1998)

301 Ill. App.3d 163

234 Ill.Dec. 681

FREUND EQUIPMENT, INC., Plaintiff-Appellee, v. Steven FOX, d/b/a Gremlin Sod Farms, Defendant-Appellant.

Appellate Court of Illinois, Second District.

November 13, 1998.


Attorney(s) appearing for the Case

Dan Walker, Jr., Cesario & Walker, Hinsdale, for Steven Fox.

Larry K. Johnson, Johnson, Leahy & Mengeling, Ltd., Woodstock, for Freund Equipment, Inc.


Justice BOWMAN delivered the opinion of the court:

Defendant, Steven Fox, doing business as Gremlin Sod Farms, appeals the order of the circuit court of McHenry County denying his motion to quash summons. Defendant argues that (1) the trial court erred in imposing a heightened evidentiary standard to overcome the presumption of valid service; (2) regardless of the burden of proof, the court's finding of valid service was against the manifest weight of the evidence...

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