Wenner v. Thornton

Citations

• 98 Ill. 156
• 1881 Ill. LEXIS 237

Syllabus

<p>Statutes—of their passage, under the constitution of1848. A bill, originating in the Senate in 1865, after its passage there, was read in the House a first and second time, and referred to a committee, who reported the same back with a recommendation that the same do not pass, and, on motion, the enacting clause was stricken out. Afterwards, the bill was passed by the House, and a message to that effect was sent to the Senate, and the act was duly, signed and approved by the Governor. There was no record of the House having rescinded its action striking out the enacting clause: Held, that the subsequent passage of the bill, and the message to the Senate, amounted to a rescinding of the former vote striking out the enacting clause, and that the bill became a law.</p> <p>2. Administrator, with will annexed—right to have will carried into execution. Where a testator, by will, directed that as soon as practicable, after his death, his real estate should be sold on credit, and that the money derived therefrom be added to his personal estate and equally divided among his brothers and sisters, etc., but appointed no executor: Held, that the administrator with the will annexed was authorized to apply to a court having equitable jurisdiction, to have a trustee appointed to make sale of the lands, though perhaps not bound to do so, and the court had jurisdiction to make the appointment on his application.</p> <p>3. Jurisdiction—can not be denied for mere error. Where the court has jurisdiction of the subject matter of a suit, although it may appear on the face of the proceeding that the plaintiff is not entitled to bring the suit, this will not make a want of jurisdiction, and render the judgment or decree a nullity. It will only show an error in the exercise of jurisdiction, which can not be urged in a collateral proceeding.</p> <p>4. Same—presumption in favor of. Every presumption is indulged in to support the decree of a court of general jurisdiction. Where the judgment