Barnett v. Wolf

Citations

• 70 Ill. 76

Syllabus

<p>1. Jurisdiction—-finding in respect to, can not be contradicted by pa/rol in a collateral proceeding. Where a court finds, in its decree, that legal and proper notice has been given, this can not be contradicted in a collateral proceeding by evidence dehors the record.</p> <p>2. Same—finding as to personal service—how impeached. Where personal service is claimed, which can only be shown by the officer’s return, if the return contradicts the finding of the court, it will overcome the presumption arising from the finding, and prove a want of jurisdiction, even in a collateral proceeding.</p> <p>3. Same—paro? evidence to show. Where the service is by summons, and it is insufficient to confer jurisdiction, parol evidence can not be heard to prove or aid it; but where the service is by publication, it may be received to prove the due publication of the notice.</p> <p>4. Same—sufficiency of evidence to disprove finding in respect to. As the statute has not made the publisher’s certificate the only evidence of the due publication of notice, the fact that such certificate, filed in a case, and a part of the record, is wholly insufficient to prove a proper publication, will not overcome the finding of the court that legal notice was given.</p> <p>5. Same—presumption as to jurisdiction of county court. The county court, though of limited jurisdiction, is not, strictly speaking, one of inferior jurisdiction, and, when acting within the sphere of its jurisdiction, as liberal intendments will be indulged in favor of its judgments and decrees as those of the circuit court.</p> <p>6. Evidence—to impeach record. The record of a court can never be contradicted, varied or explained by evidence outside the record itself; but one part may be contradicted by another, or limited, qualified or explained.</p> <p>7. Decree—can not be impeached collaterally for error. If the court has acquired jurisdiction in an application hy an administrator to sell real estate, the failure to appoint a