Off v. Title G., A. & T. Co.
Appellate Court of Illinois
Bill to Enjoin the Collection of a Judgment.—Appeal from the Circuit Court of Tazewell County; the Hon. Nicholas E. Worthington, Judge, presiding. Heard in this court at the November term, 1899.
1Opinion of the CourtJustice Harker
This is a bill in equity to enjoin the collection of a judgment and have it declared void for the sole reason that the means by which the court obtained jurisdiction of the defendant was the delivery of a summons upon its president in a foreign county.
Where a party invokes the aid of a court of equity to restrain the collection of a judgment regular upon its face, he must show something more than defective service of summons upon the person of the defendant. He must also show either that the defendant had a good defense to the claim upon which the judgment was founded, or that the amount of…
2Cases cited10 opinions
- Colson v. LeitchIllinois Supreme Court · 1884
- Hier v. KaufmanIllinois Supreme Court · 1890
- Thomas v. MuellerIllinois Supreme Court · 1883
- Drake v. DrakeIllinois Supreme Court · 1876
- Forth v. Town of XeniaIllinois Supreme Court · 1870
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3Cited by3 opinions
- Lasher v. AnnunziataAppellate Court of Illinois · 1905
- Reed v. New York National Exchange BankAppellate Court of Illinois · 1907
- Wing v. LittleAppellate Court of Illinois · 1911