Stunz v. Stunz
Illinois Supreme Court
Appeal from the Superior Court of Cook county; the Hon. Gwynn Garnett, Judge, presiding. This was a bill brought in the name of appellants, Catharine, Louisa and Mina Stunz, by their next friend, against appellees, to set aside, for fraud, a decree obtained by appellees in a certain partition proceeding.
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Appeal from the Superior Court of Cook county; the Hon. Gwynn Garnett, Judge, presiding. This was a bill brought in the name of appellants, Catharine, Louisa and Mina Stunz, by their next friend, against appellees, to set aside, for fraud, a decree obtained by appellees in a certain partition proceeding. The facts in respect of that decree thus sought to be impeached and set aside are stated in Stunz et al. v. Stunz, ante, p. 210. The bill in this case sets out what is alleged to be “a true, accurate and complete statement of all the procéedings had in the partition suit, and of all the…
1Opinion of the CourtChief Justice Shore
This was an original bill by appellants, to impeach the decree and proceedings in a partition suit on the ground of fraud, and for error apparent on the face of the proceeding. By the-demurrer all the facts well stated in the bill are admitted to-be true, and the question of the sufficiency of the bill to authorize the relief sought is presented.
The right of an infant defendant to a bill, at any time during his minority, by his next friend or guardian, to file an. original bill to impeach a decree against him, either for fraud or for error appearing on the face of the proceedings, is well,…
2Cases cited2 opinions
- Loyd v. MaloneIllinois Supreme Court · 1859
- Gooch v. GreenIllinois Supreme Court · 1882
3Cited by3 opinions
- Daniels v. BenedictU.S. Circuit Court for the District of Colorado · 1892
- Schulz v. HasseIllinois Supreme Court · 1907
- Crane v. StaffordAppellate Court of Illinois · 1904