Campbell v. Campbell
Illinois Supreme Court
Writ of Error to the Circuit Court of Wayne county; the Hon. James M. Pollock, Judge, presiding.
1Opinion of the CourtJustice Sheldon
This was a suit in chancery, brought against the plaintiffs in error, and others, as the heirs of John A. Campbell, for the partition of a certain tract of land.
The bill alleges that the plaintiffs in error were minors. A summons was issued against but not served upon them. A guardian ad litem was appointed for them, who filed a formal answer.
In order that a decree shall affect infants, they must be served with process. Hickenbotham v. Blackledge, 54 Ill. 316 ; Fischer v. Fischer, ib. 231.
• The decree against the plaintiffs in error without the service of process upon them was erroneous.
There…
2Cases cited1 opinion
- Hickenbotham v. BlackledgeIllinois Supreme Court · 1870
3Cited by6 opinions
- Delta & Pine Land Co. v. SherwoodAppellate Court of Illinois · 1914
- Curran v. Harris Trust & Savings BankAppellate Court of Illinois · 1954
- Metropolitan Life Insurance v. KinsleyAppellate Court of Illinois · 1915
- Riemensnider v. RiemensniderAppellate Court of Illinois · 1913
- Bortree v. MaconAppellate Court of Illinois · 1905
1 more not listed; retrieve them via the Exa API.