Tallon v. Schempf

Citations

• 67 Ill. 472

Syllabus

<p>1. Service of notice—by whom,. Where the statute provides for the service of notice of the commencement of a judicial proceeding, which notice supplies the place of a summons in ordinary cases, it should be served by a person not a party to the proceeding, and one having no interest in the suit, and free from all temptation to act unfairly in making the service.</p> <p>2. Same—waiver of objection to the person serving. Where notice of an application for the appointment of a commission of surveyors to settle and establish a boundary line between certain lands, was served upon the defendants by one of the plaintiffs, it was held, that the defendants, who entered their appearance in full without objection to the service, thereby waived the objection, and could not question the service on error.</p> <p>3. Boundary line —practice under the act of 1869. Under the act of 1869, which provides for the appointment of a commission of surveyors to settle disputed boundary lines, the trial in the circuit court must be had upon issues presented by objections to the report of the commission. And it is error to dispose of the case without first hearing and deciding all the objections presented.</p> <p>4 Same —jurisdiction of the court.. The act of 1869, relating to the establishment of disputed boundary lines between adjacent owners, only embraces the persons and lands in the county in which the court is held. Therefore, when the disputed line is between lands situated in different counties, and the owners reside in different counties, the court has no jurisdiction under such act to appoint a commission of surveyors and estab-' lish the true line.</p> <p>5. Same—act construed as to publication of notice. Under this act, notice of the application for the appointment of a commission of survey, ors can not be published unless two things concur: first, the owners of adjacent lands to that of the petitioners must reside in the county in which the lands to be affected lie, and secondl