Matthews v. Hoff

Citations

• 113 Ill. 90

Syllabus

<p>1. Jurisdiction—presumption—as to county courts. Every presumption will be indulged in favor of the jurisdiction of a court of general jurisdiction. County courts in this State are courts of general jurisdiction in respect to all matters coming within the purview of their jurisdiction, and the same presumptions in favor of their jurisdiction in proceedings for the sale of land by administrators prevail as in favor of circuit courts.</p> <p>2. Service of process—evidence thereof—by recitals, or otherwise. Where a court of general jurisdiction in its judgment or decree finds that the defendant was duly notified of the suit by the service of process upon him in apt time, it is at least prima facie evidence of' such fact, and must be taken as well found, unless contradicted by the record itself.</p> <p>3. A summons was issued in a proceeding by an administratrix for an order to sell lands to pay debts of an estate, on July 12, 1867, returnable to the July term, fixed by law to commence on July 15, 1867, and was returned duly served on the only heir, who was made a defendant. No court was held at the July term, but at the August term following, a decree of sale was entered, which recited that the defendant “had due and legal notice of the filing of the petition in this case by said administratrix, as appears from the return of the sheriff to a summons issued in this cause against O. H., which service was made more than ten days before the first day of the present term of this court. ” No summons issued after the July term could be found some twelve years afterward, nor since, upon diligent search: Held, that the finding of the summons issued July 12, 1867, in the files, and failure to find any other one, were not sufficient to overcome the presumption of the issue and service of another summons arising from the recital in the decree.</p> <p>4. Summons—issued and made returnable to a term, less than ten days intervening.- On the filing of a petition by an administratri