Wilhite v. Pearce

Citations

• 47 Ill. 413

Syllabus

<p>1. Service of process—in chancery. The statute requires that service of process in chancery be by copy—service by reading, is not sufficient.</p> <p>2. Preserving evidence—upon which a decree is founded. The record of a chancery proceeding must preserve the evidence upon which a decree is based either by a bill of exceptions, or by recital in the decree that certain facts were found.</p> <p>8. Decree'—recitals. It must appear from the record that the court heard evidence and found the allegations of the bill to be true.</p> <p>4. So, where it appears that premises, whereof a partition is sought, are incumbered, but the record does not show that, proof was heard of that fact—such a record is erroneous.</p> <p>6. Reference to master. Where a case is referred to the master for proof and computation, he should report the facts, as proved before him, and the amount found due, to the court; he has no right to adjudicate upon such questions.</p> <p>6. Infant defendants—strict proof required. Nothing can be admitted, but every essential particular must be proved, against infant defendants, whether they answer by guardian ad litem or not.</p> <p>7. Master—acting as solicitor. It is error to refer a case to the regular master when he is acting as solicitor in the case.</p> <p>8. Attorney’s fees—whether taxable as costs. In a suit in chancery for partition of lands, the fees of the attorney for the complainant are not taxable as costs.</p>