Millard v. Marmon

Citations

• 116 Ill. 649
• 7 N.E. 468

Syllabus

<p>1. Infancy—as a defence against a judgment rendered without a guardian ad litem having been appointed. A plea to an action of debt upon a judgment of a justice of the peace, that at the time of the rendition of the judgment the defendant was an infant within the age of twenty-one years, and that said cause of action upon which the judgment was rendered did not originate or accrue to plaintiff by reason of any tort committed by the defendant, or for any necessaries furnished to defendant, and that no guardian ad litem was appointed for him by said court in which the cause was pending and judgment rendered, to appear before him and set up his lawful defences, is bad on demurrer, presenting no defence to the action.</p> <p>2. The judgment so rendered by the justice against the minor without the appointment of a guardian to defend, in a case where the court has jurisdiction of the subject matter of the suit and of the person of the defendant, is not void, but only voidable.</p>