Dunning v. Dunning

Citations

• 37 Ill. 306

Syllabus

<p>1. In partition—whether the petition should be sworn to—and herein, within what time the objection must be taken. In a suit for partition of lands, after answer filed, decree for partition had, commissioners appointed, their report approved, a sale of the land ordered, the yearly value of the dower of the widow assessed, and a sale of the lands made by the Master in Chancery it is too late to object that the petition was not sworn to. If made at the outset, and before answer filed, it might prevail.</p> <p>2. Appearance — waives necessity of service of process. The fact that the defendants were not served with process, is unimportant, if they appeared by attorney.</p> <p>3. Decree — need not be signed by the judge. The judge, rendering a decree in such case, is not required to sign his name to it. The entry of the decree on the record, by the clerk, gives it validity.</p> <p>4. Practice—when to object for want of bond for costs. The objection, that no bond for costs was filed, the plaintiff being non-resident, comes too late after answer filed, and if not made at the proper time, it will be considered as waived.</p> <p>5. Notice—on motion to set aside proceedings in partition. On a motion to set aside such proceedings, it is indispensable, that the purchaser at the sale in partition, should have notice thereof.</p>