Hilt v. Heimberger
Illinois Supreme Court
Appeal from the Appellate Court for the Fourth District ; — heard in that court on appeal from the Circuit Court of Madison county; the Hon. Charles T. Moore, Judge, presiding.
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Appeal from the Appellate Court for the Fourth District ; — heard in that court on appeal from the Circuit Court of Madison county; the Hon. Charles T. Moore, Judge, presiding. Charles Hilt and Henry Hilt, appellees, each filed a separate bill of complaint against appellant and the sheriff of Madison county, Illinois, asking that they be enjoined from collecting two judgments for $1500 each, entered by default in the circuit court of said county at its May term, 1906, and praying that upon final hearing said judgments be either permanently vacated or set aside and appellees allowed to plead…
1Opinion of the CourtJustice Carter
The chief contention urged by appellant is that a court of equity is without authority to interfere to set aside the judgments in question; that on the facts shown in this record appellees were each properly served in the assumpsit suits, and having neglected to malee their defense cannot have the aid of equity to relieve them from the consequences of such failure. In order to pass on this question it is necessary to review the evidence as to the question of service in' the assumpsit cases.
It appears that shortly after the death of Joseph Hilt litigation of various kinds arose between…
2Cases cited12 opinions
- Owens v. RansteadIllinois Supreme Court · 1859
- Davis v. DresbackIllinois Supreme Court · 1876
- Kochman v. O'NeillIllinois Supreme Court · 1903
- Merchants' Loan & Trust Co. v. EganIllinois Supreme Court · 1906
- Sibert v. ThorpIllinois Supreme Court · 1875
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3Cited by14 opinions
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