Campbell v. Campbell
Illinois Supreme Court
Writ of Error to the Circuit Court of Wayne county; the Hon. James M. Pollock, Judge, presiding. This was a bill for partition of certain lands in Wayne county. The commissioners appointed having reported that the lands could not be divided, and appraised the same, the court ordered the sale of the lands, which was had.
1Opinion of the CourtChief Justice Lawrence
In this case the summons against the infant defendants was returned not served, but, nevertheless, the court proceeded to appoint a guardian ad litem, who filed the usual answer, and the court decreed a sale of the land. This court said, in McDurmaid v. Russell, 41 Ill. 490, and in Hickenbotham v. Blackledge, 54 ib. 318, that infant defendants must be served before the court can acquire jurisdiction over them. It is true, the forty-seventh section of the chancery statute seems. to authorize a decree without service, but we think the practice has rarely been adopted. Certainly no argument is…
2Cited by10 opinions
- Rabbitt v. Frank C. Weber & Co.Illinois Supreme Court · 1921
- City of Taylorville v. Central Illinois Public Service Co.Illinois Supreme Court · 1921
- Gage v. City of ChicagoIllinois Supreme Court · 1906
- Spence v. Mobile & Montgomery Railway Co.Supreme Court of Alabama · 1885
- Manternach v. StudtIllinois Supreme Court · 1907
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