Barnes v. Hazleton
Barnes v. Hazleton
Opinion of the Court
delivered the opinion of the Court:
The language of the sheriff’s return, forces the implication that the process was served by copy on each individual defendant, and was regular, and justified the default against the adults so served.
As to the plaintiff in error, Harriet Barnes, she was a minor, and should not have been cut off from her distributive share of of her grandfather’s estate on account of the alleged advancement to her deceased mother, without proof that such advancement was equal to her share. Being a minor, she could not bring the share received by her mother, if any was received, into hotchpot. The court, therefore, before decreeing against her, should have required full proof that her deceased mother had received her share by way of advancement. Against an infant nothing is to be intended, but every thing must be proved. Hitt v. Ormsbee, 12 Ill. 166; Hamilton v. Gilman et al. ib. 260 ; Cost et al. v. Rose et al. 17 ib. 278.
As to the objection that the decree was absolute against this plaintiff in error, there was no error in that respect. Under the uniform practice in chancery, in this State, a decree against an infant is, in the first instance, absolute, and no day is given to show cause after he becomes of age. Instead thereof, our statute gives to a minor five years after attaining full age, to bring his writ of error. Gross’ Stat. 514.
For the error specified, the decree must be reversed and the cause remanded.
Decree reversed.
Reference
- Full Case Name
- Harriet Barnes v. Atlanta Hazleton
- Cited By
- 1 case
- Status
- Published
- Syllabus
- 1. Service oe process—upon several defendants. The return upon a summons in chancery against several defendants, was, “ This writ personally served by delivering copies of the same to the within named defendants:” Held, that it would be implied the process was served by copy on each individual defendant, and was regular. 2. Infants. Against an infant nothing is to be intended, but everything must be proved. 3. Same—bringing a portion into hotchpot. Where an infant defendant in chancery represents, in the distribution of the property involved, a person to whom it is alleged an advancement urns made which ought to be brought into hotchpot, it must be proven, as against the infant, that the advancement was equal to the share thus represented, to bar the infant’s rights; the minor could not bring the advancement into hotchpot, nor be charged with laches in omitting to do so. 4. Same—of the character of decree to be rendered against an infant. It is no objection to a decree against an infant, that it is absolute in form in the first instance. Under the practice in chancery, in this State, that is the character of the decree, and no day is given to show cause, after the infant becomes of age; instead thereof, our statute gives to a minor five years after attaining full age, to bring his writ of error.