Genz v. Genz
Illinois Supreme Court
Appeal from the Circuit Court of Jo Daviess county; the Hon: Oscar E. Heard, Judge, presiding. This was a bill in chancery filed by the appellants, John J. Genz and Mathilda Thode, against the appellees, in the circuit court of Jo Daviess county, to impeach a decree in partition for error upon its face, entered by the circuit court of Jo Daviess county in the year 1874, and for other relief.
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Appeal from the Circuit Court of Jo Daviess county; the Hon: Oscar E. Heard, Judge, presiding. This was a bill in chancery filed by the appellants, John J. Genz and Mathilda Thode, against the appellees, in the circuit court of Jo Daviess county, to impeach a decree in partition for error upon its face, entered by the circuit court of Jo Daviess county in the year 1874, and for other relief. A demurrer was interposed to the bill and sustained for want of equity, and the appellants having elected to stand by their bill, the same was dismissed, and they have prosecuted an appeal to this court.…
1Opinion of the CourtJustice Hand
The bill in this case, so far as it attacks the decree of the circuit court of Jo Daviess county entered in the partition suit in the year 1874, is based upon errors apparent upon the face of the decree, and we are of the opinion the complainants are barred of relief on the ground of the lapse of time, as a bill of review for matters apparent upon the face of a decree can be brought only within the time allowed for the suing out of a writ of error, (Dolton v. Erb, 53 Ill. 289; Pestel v. Primm, 109 id. 353; Allison v. Drake, 145 id. 500;) unless the complainant is under disability, which does…
2Cases cited3 opinions
- Shepard v. SpeerIllinois Supreme Court · 1892
- Howe v. South Park CommissionersIllinois Supreme Court · 1886
- Dolton v. ErbIllinois Supreme Court · 1870
3Cited by9 opinions
- Knaus v. Chicago Title and Trust Co.Illinois Supreme Court · 1937
- Peabody v. BurriIllinois Supreme Court · 1912
- People ex rel. Nelson v. Joliet Trust & Savings BankAppellate Court of Illinois · 1942
- Zewadski v. BarksdaleSupreme Court of Florida · 1923
- Colburn v. WhitneyHawaii Supreme Court · 1915
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