Turner v. Jenkins

Citations

• 79 Ill. 228

Syllabus

<p>1. Chancery practice—objection that bill is not signed is waived by a?iswer. The fact that a bill may not have been signed either by the complainant or counsel can not be insisted upon for the first time in the Supreme Court. At most, it is a mere irregularity, and will be deemed to have been waived by an answer, even by guardian ad litem.</p> <p>2. Return of service—in chancery. Where the return by the sheriff of a chancery summons was, that he had served it by reading and delivering a true copy to the “within named defendants,” naming them, it will be inferred that a copy of the summons was delivered to each defendant named.</p> <p>3. Jurisdiction of the person—presumption—recital in decree. Ever}' reasonable presumption will be indulged in favor of the jurisdiction of a court of general jurisdiction, and its finding in a decree that defendants were “duly summoned,” will be held to be prima facie evidence of the existence of the jurisdictional fact.</p> <p>4. Where the service of a summons to the September term of court-was defective, and the cause was continued without any steps being taken, and, at the ensuing term, a decree was rendered which recited that the defendants “were duly served ten days before the first day of the October term,” and only the summons to the September term appeared in the record, it was held, that there was nothing appearing in the record to rebut the presumption in favor of the jurisdiction of the court as indicated by its finding in the decree.</p> <p>5. Guardian ad litem—waiver of rights of infants. No doctrine is better settled, than that a guardian ad litem can not admit away any of the substantial rights of infants, who are always, in chancery, regarded as the wards of the court.</p> <p>6. If it be conceded that infants are bound by the acts of their guardian in all matters relating to the practice in the court, still mere non-action on the part of the guardian will not be construed as a waiver of anything-in favor of infants,