Agnew v. Fults

Citations

• 119 Ill. 296
• 10 N.E. 667

Syllabus

<p>1. Assignment of error—os to matters not affecting the. party alleging error. After a defendant in chancery has suffered a decree to be taken pro confesso as to him, he can not assign for error that the evidence in the cause was taken before the service of summons, as such error does not affect him. A party can not take advantage of an irregularity which may in some manner affect his co-defendants, but not himself.</p> <p>2. Writ-OF possession—on decree assigning dower. By the statute, the approval of the report of the commissioners setting off dower to a widow, vests in her an estate-for life in the land assigned to her, and the court is required forthwith to cause her to have possession by a writ directed to the sheriff for that purpose.</p>