Hedges v. Mace

Citations

• 72 Ill. 472

Syllabus

<p>1. Process—what is sufficient return to show service. Where the statute requires the sheriff to deliver to the defendants, if found, a copy of the summons, a return by the sheriff that he served each of the defendants with a true copy of the summons, is equivalent to a return that he delivered each of them a copy, and is a substantial compliance with the statute.</p> <p>2. Appeal—defendant against whom, there is no judgment has no right. A defendant to a bill in chancery against whom no decree or judgment is rendered, can not appeal or prosecute a writ of error from a decree dismissing complainant’s bill.</p> <p>3. Error—party not affected can not complain. A complainant in a bill to impeach a former decree and sale, can not complain of an error committed by the court below against one who is a party defendant to his bill, which in no manner affects the rights of such complainant.</p> <p>4. Purchasers under decree—7low far protected. On a bill to impeach a decree and sale under it, nothing can be urged as against purchasers under such decree that does not go to the jurisdiction of the court. As to such purchasers, the bill to impeach the decree and sale is a collateral proceeding, in which mere matters of error in the former proceeding can not be considered.</p>