Maloney v. Dewey

Citations

• 127 Ill. 395
• 19 N.E. 848

Syllabus

<p>1. Judgment oe decree—how far conclusive—generally. It is a general rule, that when it is once made to appear that a court has jurisdiction both of the subject matter and of the parties, the judgment or decree which it pronounces must be held conclusive and binding upon the parties thereto and their privies, notwithstanding the court may have proceeded irregularly, or erred in its application of the law in the case before it.</p> <p>2. Same—in case of an insame, person—how far a judgment or decree is conclusive—and herein, of the remedy as to a suit at law against an insane person. Where an insane person is properly brought before the court by personal service, the judgment or decree rendered against him will be valid and binding, and is said to be neither void nor voidable.</p> <p>3. Where a lunatic or insane person is sued at law, the proper remedy for the lunatic is to apply to a court of chancery to restrain the proceeding, and to compel the plaintiff to go there for justice. But a judgment against a lunatic, until set aside in chancery, or otherwise, is as valid and binding as any other judgment. It seems, however, that the mere fact of insanity, alone, is not a sufficient ground to set aside the judgment. It should further be shown that the judgment is inequitable.</p> <p>4. CONKtoOT of daws—jurisdiction of State courts to review the action of Federal courts. A decree of the United States Circuit Court for the foreclosure of a mortgage can not be set aside by the State courts on the ground of error in the proceedings not affecting the jurisdiction, and a redemption be allowed from the mortgage. An error in ordering a sale without allowing redemption will not divest the Federal court of jurisdiction. If there are any equitable grounds of relief against such decree, they must be presented to that court.</p> <p>5. So where a decree of strict foreclosure has been rendered in the Circuit Court of the United States against a lunatic or insane person, that court i