The St. Louis & Sandoval Coal & Mining Co. v. Sandoval Coal & Mining Co.

Citations

• 111 Ill. 32

Syllabus

<p>1. Judgment and TmasssE, — jurisdiction—not void for error alone. If a court has jurisdiction of the parties and subject matter of the controversy, and the party against whom the judgment or decree is rendered has had either actual or constructive notice of the pendency of the suit, no mere error can lender the judgment void; but where jurisdiction is wanting, either as to the subject matter or the parties, the judgment is a nullity.</p> <p>2. Same — when void, no rights can be based on it. A judgment or deoree in a case where the court fails to acquire jurisdiction of the party against whom it is rendered, or of the subject matter, being absolutely void, all acts performed under it are void, and no right can be divested or acquired under the same.</p> <p>3. Same — not assailable, collaterally, for errors. Where the court rendering a judgment or decree has jurisdiction both of the subject matter and of the persons of the parties, a mere error or irregularity can not be taken advantage of collaterally.</p> <p>4. Same —jurisdiction over defendant corporation — void service. On a bill filed to dissolve an insolvent corporation, and for the appointment of a receiver, the summons against the corporation was served by leaving a copy thereof with one of the complainants, a director of the defendant corporation: Held, that the service was void, and gave the court no jurisdiction over the corporation, and its decree authorizing the receiver to sell the property of the defendant corporation was a nullity, and might be attacked collaterally.</p> <p>5. Receives — of corporation — may be appointed before court acquires jurisdiction over corporation. The court may, on a proper showing, appoint a receiver to take charge of the assets of an insolvent corporation, to save the same from destruction or waste, before acquiring jurisdiction to adjudicate upon the rights of such corporation. In such case the receiver may be authorized to hold the property until the rights of the parti