Campbell v. McCahan
Illinois Supreme Court
Appeal from the Circuit Court of Bureau county; the Hon. Madison E. Hollisteb, Judge, presiding. This was a bill in equity, brought by John K. McCahan, John Dreswell, John K. McCahan, Jr., Thomas S. McCahan, Mary Buoy and James K. Morehead, in the Bureau Circuit Court, against Alexander Campbell and S. J. Greenwood.
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Appeal from the Circuit Court of Bureau county; the Hon. Madison E. Hollisteb, Judge, presiding. This was a bill in equity, brought by John K. McCahan, John Dreswell, John K. McCahan, Jr., Thomas S. McCahan, Mary Buoy and James K. Morehead, in the Bureau Circuit Court, against Alexander Campbell and S. J. Greenwood. The object of the bill was to cancel a decree and the proceedings under it, obtained by Campbell at a previous term of the court against complainants, by which they were required to convey to Campbell, on an alleged purchase by him of John McCahan deceased, under whom complainants…
1Opinion of the CourtChief Justice Walker
It is insisted that, in the former suit, to reverse the decree in which this proceeding is instituted, the court did not have jurisdiction of the person of the defendants. If this be true, then the decree is a nullity, binding on no one, and may be attacked in any proceeding, whether direct or collateral. It is first urged in support of the proposition, that no summons in the case was returned “not found,” as to the defendants. But the decree in that case expressly finds that there was such a return, and that is held to be evidence of a compliance with the requirements of the statute in such…
2Cited by31 opinions
- Haywood v. CollinsIllinois Supreme Court · 1871
- The St. Louis & Sandoval Coal & Mining Co. v. Sandoval Coal & Mining Co.Illinois Supreme Court · 1884
- Rompza v. LucasAppellate Court of Illinois · 1948
- Bartell v. MorkenNorth Dakota Supreme Court · 1954
- United States v. SotisCourt of Appeals for the Seventh Circuit · 1942
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