Sconce v. Whitney
Illinois Supreme Court
The hill in this case was filed to procure the re-conveyance of certain lands. The respondent died after the hill was Med, and proceedings were had against his survivors, and a decree entered upon the prayer of the hill in favor of the complainant. The heirs of the respondent, some of whom were minors, were never served with process, nor were they represented in the case. The widow of the first respondent married Sconce, one of the plaintiffs in error.
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The hill in this case was filed to procure the re-conveyance of certain lands. The respondent died after the hill was Med, and proceedings were had against his survivors, and a decree entered upon the prayer of the hill in favor of the complainant. The heirs of the respondent, some of whom were minors, were never served with process, nor were they represented in the case. The widow of the first respondent married Sconce, one of the plaintiffs in error. The process was served upon one of the respondents hy copy, and upon others hy reading. The' decree was-rendered by Minshall, Judge, at the…
1Opinion of the CourtCaton, J.
There are objections to this decree which are insurmountable. Mrs. Sconce Avas never properly brought into Court. The most that can he said, is, that the process was served upon her hy reading, when the statute required that she should he served by copy. The infants Avere never served Avith process in any way, nor did their guardian file any answer in their behalf. The Court should have compelled the guardian to answer; and it was wrong for the Court to take the bill for confessed as to them, under any circumstances. It was the duty of the Circuit Court to see that the guardian performed his…
2Cited by8 opinions
- Rhoads v. RhoadsIllinois Supreme Court · 1867
- Tymony v. TymonyIllinois Supreme Court · 1928
- Haskell v. PerkinsAppellate Court of Illinois · 1958
- Leonard v. Chicago Title & Trust Co.Appellate Court of Illinois · 1936
- Fietsam v. KroppAppellate Court of Illinois · 1880
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