Stunz v. Stunz

Citations

• 131 Ill. 309
• 23 N.E. 410

Syllabus

<p>1. Impeaching decree for fraud—rights of infant defendant. It is the right of au infant defendant, at any time during his minority, by his next friend or guardian, to file an original bill to impeach a decree which has been rendered against him, either for fraud or for error appearing on the face of the proceedings. He is not bound to proceed by way of rehearing, or by bill of review.</p> <p>2. Same—requisites of the bill. A bill to impeach a judgment or décree for fraud must specifically state the facts relied on as constituting the fraud. The pleader is not required to set forth the evidence, but should state the specific facts which go to establish the alleged fraud.</p> <p>3. Appeal—whether a freehold involved—6ill to impeach decree of sale in partition. On bill in chancery to impeach a decree of sale rendered in a suit for partition, and to set aside the sale thereunder, a freehold is involved, so that an appeal from the decree in such suit will lie directly from the trial court to this court.</p>