Sale v. Fike

Citations

• 54 Ill. 292

Syllabus

<p>1. Decebe upon constructive service—only provisional. When a defendant has been brought into court, only by constructive service, and has received no written notice of the existence of a decree against him, as authorized by statute, such decree is, for the period of three years, simply provisional, and subject to be opened on petition.</p> <p>2. Same—when becomes final in fact. Although such decree is final in form, it does not become so in- fact, and conclude the parties, until the lapse of three years.</p> <p>3. Same—writ of error—five years within which to prosecute after a decree becomes final. And in such case, a defendant who has received no actual notice of the pendency of the suit, or of the existence of such decree against him, has, from the time it thus becomes final, five years within which to prosecute his writ of error.</p> <p>4. Same—writ of error—when tarred. So, in such case, a writ of error is not barred until after the expiration of eight years from the time of the rendition of the decree.</p>