Vanpelt v. Hutchinson

Citations

• 114 Ill. 435
• 2 N.E. 491

Syllabus

<p>1. Evidence—to impeach a decree for fraud. A decree having been rendered upon merely constructive notice by publication, on the claim the defendant was a non-resident, and his place of residence not known, it was sought to impeach the decree for fraud, on the allegation that there wras not proper diligence used to ascertain the place of residence of the defendant, and by reason thereof he was not notified by a copy of the notice published being sent to his post office address, as might and ought to have been done; but upon a review of the evidence it was not deemed sufficient to impeach the decree upon that ground.</p> <p>2. Same—want of recollection in one witness as against affirmative testimony of another. The statement of a witness that he does not remember having a certain alleged conversation with another, will not be regarded as a contradiction of the affirmative testimony of the latter that such conversation was had.</p>