Lloyd v. Kirkwood

Citations

• 112 Ill. 329

Syllabus

<p>1. Infants—as wards of the court—interests to be protected, how— supervision over conduct of guardian as to defences to be interposed. An infant suitor or defendant, when brought into court, becomes the ward of the court, whose duty it is to see that his rights in the subject matter of the litigation are properly presented and protected. If the general guardian fails to appear, the court should appoint a guardian ad litem to look after the infant’s rights.</p> <p>2. If the guardian who undertakes this trust, whether he be the general guardian, or guardian ad litem, fails to properly protect the interests of the ward, it is the duty of the court, sua sponte, to compel him to do so whenever that fact comes to the knowledge of the court. The court should see that the proper pleadings are made to present any defence the infant may have.</p> <p>3. Same—failure to interpose the defence of laches in behalf of an infant—decree showing that fact—remedy by bill of review. Where a bill to establish and enforce a resulting trust as against an infant heir, showed upon its face that the alleged trust arose twenty-five years before suit, and the court rendering a decree therein against the infant failed to require the guardian ad litem to set up the laches in defence, it was held, that the proceedings and decree against the infant showed error on their face, sufficient to justify the court in setting the decree aside on bill filed by the infant.</p> <p>4. Same—grounds for bill of review, generally. A decree against an infant may be impeached for fraud or for error of law apparent upon the face of the record, on a bill of review or bill in the nature of a bill of review, filed by the infant before arriving of age, or within three years after his majority.</p> <p>5. Same—as to the binding effect of a decree against an infant—qualification of the right to have decree set aside. A decree against an infant in this State is absolute in the first instance, like one against an adult, s