Sullivan v. Sullivan

Citations

• 42 Ill. 315

Syllabus

<p>1. Service—publication—appearance. Where one of several defendants was non-resident and not served with process, and publication was made but fifty-nine days before the return term, and a motion was entered by the defendants to quash the summons, and nothing appeared to exclude the presumption that the non-resident defendant joined in the motion,—held, that there was a sufficient appearance to sustain a decree rendered at the return term.</p> <p>3. Minor defendants—guwdia/n ad litem,. Where the record fails to show that a portion of the defendants are minors, an order appointing a guardian ad, litem, for the minor defendants, naming no person, is inoperative, affects the rights of no person, and cannot be objected to, however erroneous. If, however, it appeared that a portion of the defendants were minors, it would be otherwise.</p> <p>3. Partition—report of commissioners. While the ninth section of the partition law requires the report of the commissioners, by which the land is divided, to be under seal, the eleventh section does not require a report that the land is not susceptible of division to be sealed; and, when such a report is made without seals, it is not error to approve it and decree the sale of the property, if otherwise regular.</p> <p>4. Chancery practice—Inll pro confesso—proof. When a hill has been taken as confessed, against adult defendants, it is a matter of discretion with the chancellor, whether he will hear evidence in support of the allegations of the bill, and his action in regard thereto is not a matter subject to review on error.</p> <p>5. Commissioners — their appointment, oath and report. Where the oath and report of commissioners to make partition bear date three days before the date of the decree by which they were appointed, although subsequently approved by the court, such acts held to be erroneous. It is by the appointment and taking the required oath under the statute that commissioners become vested with authority to act. They