Legal Opinion

Campbell v. Campbell

Illinois Supreme Court

Decided June 15, 1872PublishedCited by 6 opinions

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

  1. Hickenbotham v. BlackledgeIllinois Supreme Court · 1870

3Cited by6 opinions

  1. Delta & Pine Land Co. v. SherwoodAppellate Court of Illinois · 1914
  2. Curran v. Harris Trust & Savings BankAppellate Court of Illinois · 1954
  3. Metropolitan Life Insurance v. KinsleyAppellate Court of Illinois · 1915
  4. Riemensnider v. RiemensniderAppellate Court of Illinois · 1913
  5. Bortree v. MaconAppellate Court of Illinois · 1905

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