Fahs v. Darling

Citations

• 82 Ill. 142

Syllabus

<p>1. Jurisdiction—agreement not to prosecute a writ of error. An agreement not to take a case to this court on appeal or writ of error, which is broken, is not such a fraud as to deprive the court of its jurisdiction. Jurisdiction, so far as relates to the subject matter, depends not upon the agreement of the parties, but on the- law.</p> <p>2. Same —finding as to, conclusive when assailed collaterally. Where this court proceeds to give judgment on a writ of error, where publication of notice is made as to the defendant in error, it necessarily passes upon the question of jurisdiction as to his person, and finds in favor of the same, and this finding is conclusive, unless set aside by this court in a direct application for that purpose.</p> <p>3. Judgment—in violation of agreement. If parties make agreements that suits shall not be brought, or prosecuted or appealed, which are subsequently violated, they must either apply to the court before which the cause is pending before it has passed from its jurisdiction, or resort to an action on the agreement, for relief.</p> <p>4. Injunction bond—reversal of judgment sought to be enjoined, as a defense. In a suit upon an injunction bond, given in a case seeking to enjoin the collection of a judgment, which is conditioned for the payment of the judgment in case the injunction is dissolved, it seems that a reversal of the judgment at law, before suit is brought on the bond, is a good defense.</p>