Franklin Savings Bank v. Taylor
Court of Appeals for the Seventh Circuit
Appeal from the Circuit Court of the United States for the Northern District, of Illinois. Bill of review brought, by Robert C. Taylor, Katherine Taylor, and Margaret Taylor against, the Franklin Havings Bank, Hiram 11. Thomas, Henry Gilsdorff, James B. Sullivan, Frederick Baumann, Edward Baumann, Ojiarles II.
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Appeal from the Circuit Court of the United States for the Northern District, of Illinois. Bill of review brought, by Robert C. Taylor, Katherine Taylor, and Margaret Taylor against, the Franklin Havings Bank, Hiram 11. Thomas, Henry Gilsdorff, James B. Sullivan, Frederick Baumann, Edward Baumann, Ojiarles II. Muiliken, Frank C. Taylor, Maria L. Taylor, Frank G. Taylor, Jr., Maria L. Taylor, Jr., Josepldne H. Taylor, Alexander Taylor, and Ira Scott, and cross bill by four of the respondents. Complainants and cross complainants obtained a decree. 50 Fed. Rep. 289. Defendants appeal. Statement…
1Opinion of the Court
WOODS, Circuit Judge.
The rule that a decree against infants may be attacked by original bill for error of fact or mere mistake, as well as for fraud, is subject to an important qualification. Thus, in Lloyd v. Kirkwood, 112 Ill. 338, the court, after stating the general proposition, said:
“The rule thus established Is, of course, subject to the qualification that the decree of a court having jurisdiction of the subject-matter of the suit, and the person of the infant against whom it is rendered, will not be thus set aside as against third parties who have in good faith acquired rights under…
2Cases cited17 opinions
- Swift v. TysonSupreme Court of the United States · 1842
- McArthur v. ScottSupreme Court of the United States · 1885
- Railroad Co. v. National BankSupreme Court of the United States · 1880
- Kingsbury v. BucknerSupreme Court of the United States · 1890
- People's Savings Bank v. BatesSupreme Court of the United States · 1887
12 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Commercial Nat. Bank v. PirieCourt of Appeals for the Eighth Circuit · 1897
- In re Gamewell Fire-Alarm Tel. Co.Court of Appeals for the First Circuit · 1896
- Hawkins v. Cleveland, C., C. & St. L. Ry. Co.Court of Appeals for the Seventh Circuit · 1900
- Hagerott v. AdamsCourt of Appeals for the Eighth Circuit · 1932
- Society of Shakers v. WatsonCourt of Appeals for the Sixth Circuit · 1896
15 more not listed; retrieve them via the Exa API.