Anderson v. Hawhe

Citations

• 115 Ill. 33
• 3 N.E. 566

Syllabus

<p>1. Creditor’s bill—to enforce payment of a void judgment—entry of judgment without jurisdiction of person of the defendant—appearance by attorney roithout authority. A creditor’s bill can not be predicated upon a void judgment, as, where the court had no jurisdiction of the person of the defendant in the suit in which the judgment was rendered.</p> <p>2. In this case, a suit at law was commenced by attachment. There was no personal service on the defendant. Several demurrers were filed to the declaration, however, in the name of the defendant, by an attorney at law, all of which were sustained, and amendments allowed, except the last, which purported to be a “special” appearance, and which was overruled, and defendant ruled to plead. Afterwards, the record states, “ came the said defendant and her attorney, and withdrew their appearance in said cause.” Then a default for want of plea, assessment of damages, and personal judgment entered. The attorney was not authorized by the defendant to appear for her in the suit for any purpose whatever. On creditor’s bill filed to enforce the payment of this judgment, the defendant set up these matters in her answer, and also by way of cross-bill, as showing that in the suit in which the judgment sought to be enforced was rendered, the court had no jurisdiction of her person. The defence was held to be availing as against the creditor’s bill. The judgment at law was rendered without the court having jurisdiction of the person of the defendant, either by service of process upon her, or by any authorized appearance in her behalf, and was therefore absolutely void, and the person against whom it was rendered had the right to question its validity.</p> <p>3. On the suggestion that the appearance by the attorney was special, for a particular purpose, and hence the defendant was not in court by the filing of the demurrer so as to authorize the judgment, the court would not stop,to determine whether the appearance was special or gen