Horner v. Zimmerman

Citations

• 45 Ill. 14

Syllabus

<p>1. Want of service — an error personal to the parties not served. Where a bill of review was filed to reverse a decree in chancery, only charging that the ancestor of the complainants in the bill of review was not served with process, those complainants cannot make the point in the Supreme Court that other parties were not served, as a reason for setting aside a decree; for it appears that if the others were not served, it is for them to complain, and the error is personal to them, with which others can have no concern.</p> <p>3. Service of process—what the record must show. And in such a case, where the record shows a return of service on the ancestor of the complainants indorsed on the process, by leaving a copy with his wife, a member of his family, and is in all respects formal, it is sufficient.</p> <p>3. Recitals of record—when considered sufficient. Where the record recited that one defendant to a bill of foreclosure was defaulted on a failure to answer as ruled by the court, “ and the other defendants having answered admitting the allegations of the bill of complaint, it was, therefore, ordered, adjudged and decreed by the court that the same be taken as confessed by all of said defendants, and that the cause be referred, etc.,”— held, that, while this was a very inaccurate and informal mode of making out a transcript of a record, not containing the answers, still the Supreme Court will infer from it that the answers were filed and were before the court; and if they were not filed, it follows that the other branch of the statement is the true one, namely, that the bill was taken as confessed against all the defendants, since service on them is recited.</p> <p>4. Bill of review—necessary allegations of. The settled doctrine is, that a bill of review must either deny the justice of the demand established by the decree sought to be reviewed, or the complainants must allege that they have paid it and the costs, or else give a reason for omitting to do so.</p>