McDaniel v. Correll
Illinois Supreme Court
APPEAL EROH SANGAMON. This was a bill in chancery, brought by Correll and others against McDaniel and others, to set aside the will of William McDaniel, deceased. There was a trial, and the jury found that the paper produced was not the will of said William McDaniel. There was a motion for a new trial, which was overruled. The children of Martha McIntyre are devisees under the will.
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APPEAL EROH SANGAMON. This was a bill in chancery, brought by Correll and others against McDaniel and others, to set aside the will of William McDaniel, deceased. There was a trial, and the jury found that the paper produced was not the will of said William McDaniel. There was a motion for a new trial, which was overruled. The children of Martha McIntyre are devisees under the will. The bill charges that Newton, Mary E., Joseph, Eliza T., and James, are the children of Martha, and that they are all minors. The affidavit of James Herrin shows that the said children are non-residents. No…
1Opinion of the Court
Catón, C. J.
The want of the summons and return, were, by an express provision of the statute, required to give the court jurisdiction of the persons of the non-resident defendants. Without this formality, they were not properly before the court, and all its proceedings as to them were void. And the first question to be considered is, whether the finding of the jury, which was void in law as to them, could be rendered valid and binding upon them by the passage of the act of the 12th February, 1857. If it was competent for the legislature to make a void proceeding valid, then it has been done…
2Cited by29 opinions
- Steele v. Steele's Adm'rSupreme Court of Alabama · 1879
- Johnson v. Board of CommissionersIndiana Supreme Court · 1886
- The People v. ScottIllinois Supreme Court · 1927
- People ex rel. Butler v. Board of SupervisorsMichigan Supreme Court · 1872
- Columbus, Chicago & Indiana Central R. W. Co. v. Board of CommissionersIndiana Supreme Court · 1878
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