Kuchenbeiser v. Beckert

Citations

• 41 Ill. 172

Syllabus

<p>1. Chanceby—prayer of relief—informality. Where the prayer for relief in a bill is good in substance but informal, it should be taken advantage of by demurrer, and the informality is waived by answer; otherwise where it is substantially defective, so that it does not appear what relief is sought.</p> <p>2. Same—bill do impeach a decree rendered against a minor defendant. Where a decree in chancery has been rendered against a minor defendant, he is entitled to his day in court, whether the right is expressly reserved in the decree or not, and he may, even during his minority, by his next friend or guardian, file an original bill to impeach the decree, either for fraud or for error appearing on its face.</p> <p>3. Limitation—within what time such a bill must be filed. The remedy by such a bill would be barred, however, by delay in filing it after the infant defendant has attained his majority, for the period which bars a writ of error.</p> <p>4. Mistake — degree of proof required. A deed should be reformed in its terms by a court of chancery, for an alleged mistake therein, only upon strong and satisfactory evidence.</p>