Trustees of the Methodist Episcopal Church v. Field

Citations

• 135 Ill. 112
• 25 N.E. 667
• 1890 Ill. LEXIS 1212

Syllabus

<p>1. Chancery—vacating decree-—to let in defense. A defendant in a suit in chancery against whom a decree has been entered, but who has not been summoned, or served with a copy of the bill or received notice by mail, or otherwise, on filing a petition for that purpose within the time limited in section 19 of the Chancery Code, is entitled, as a matter of right, to file an answer and be heard in the case.</p> <p>2. Same—of the petition for opening case and for leave to defend. The petition of a defendant for leave to answer a bill after final decree is not required to set up or disclose his claim or defense, and is therefore not demurrable. It is only necessary to aver such facts as will bring the defendant within the requirements of the-statute.</p> <p>3. Same—written pleadings required. Where a non-resident defendant shows himself entitled, under section 19 of the Chancery Code, to appear and defend, he should file his answer in writing to the original bill, or his demurrer thereto, or to such part thereof as he may be advised, and the court should decide as to the sufficiency of the defense from the written pleadings, and not from any oral statements of the defendant as to his claims or rights.</p>