Roberts

This is a suit on the official bond of the defendant Wilson, against him as principal and the corporation defendant as surety, for alleged false imprisonment of the plaintiff by the former. Judgment by default was entered against the defendant corporation for the sum of $1,000, the amount of the bond, leaving the suit still pending against the principal. As appears from the return on the summons, the service of summons was made on one Louis, described as “a business agent of said defendant, ’ ’ personally. The defendant moved to quash the return; and the motion being denied, moved the court to set aside the default and to permit him to file an answer, which was presented in court. This motion was also denied; and the corporation defendant appeals from the judgment.

The last motion, we think, should have been granted. The only service in the case was on Louis, who y disregarded the service on the advice of counsel that it was of no effect. Whether this advice was correct, need not be considered. Nor, assuming the contrary, need we consider whether the negligence of Louis was excusable: It is sufficient that it appears without contradiction that the appellant itself had no notice…