Jones v. Neely

Citations

• 82 Ill. 71

Syllabus

<p>1. Chancery jurisdiction—-judgment without service or appearance. Where a bill in chancery shows the taking of judgment against the complainant for a much larger sum than was due, in an action at law, without service of process, or appearance in person, or by attorney, and without any knowledge by the complainant of the suit, a court of equity will grant relief against the judgment, where the rights of innocent purchasers have not intervened.</p> <p>2. Return—right to contradict return of service. Where rights of third persons have been acquired in good faith, the return of an officer showing the service of summons can not be contradicted; but as against the judgment creditor, and parties acquiring rights under him with notice of the facts, the return is not conclusive, but may be contradicted.</p>