Legal Opinion

Whitney v. Porter

Illinois Supreme Court

Decided January 15, 1860PublishedCited by 11 opinions

This was an action of ejectment brought by appellant to recover the north-east quarter of section 15, town 7 south, range 4 west, in the county of Pike. The declaration claims the premises in fee against Mary Porter, and was served on her on the 5th day of September, 1856. At the September term of the Pike Circuit Court, 1856, declaration was filed, and the plea of general-issue by defendant, Porter, filed, and cause continued.

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This was an action of ejectment brought by appellant to recover the north-east quarter of section 15, town 7 south, range 4 west, in the county of Pike. The declaration claims the premises in fee against Mary Porter, and was served on her on the 5th day of September, 1856. At the September term of the Pike Circuit Court, 1856, declaration was filed, and the plea of general-issue by defendant, Porter, filed, and cause continued. At the September term, 1857, Servetus Thorp was admitted as a co-defendant. Jury waived, trial by the court, Bailey, Judge, presiding, and judgment for defendants. At…

1Opinion of the CourtBreese, J.

The question presented by this record is, did the Circuit Court of Pike county have jurisdiction of the persons of the minor heirs of Wadsworth, so as to pass a decree against them for the sale of their land, to pay their ancestors’ debts, as by the order of that court of April term,1822, it attempted to do ?

That court being a court of general and unlimited jurisdiction, every reasonable intendment is to be made to sustain its acts, judgments, decrees, and orders, when it is shown jurisdiction attached in the particular case. This is a well settled doctrine of the books, and of all courts.

By…

2Cited by11 opinions

  1. Judge v. Rockford Memorial HospitalAppellate Court of Illinois · 1958
  2. Goudy v. HallIllinois Supreme Court · 1863
  3. Union Mut. Life Ins. v. ThomasCourt of Appeals for the Ninth Circuit · 1897
  4. Aikman v. EdwardsSupreme Court of Kansas · 1895
  5. Hughes v. . PritchardSupreme Court of North Carolina · 1910

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