Reports of Cases At Law And in Chancery Argued ..., volume 29; volume 59

Cover Reports of Cases At Law And in Chancery Argued ..., volume 29; volume 59
Reports of Cases At Law And in Chancery Argued ..., volume 29; volume 59
Illinois. Supreme Court
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The court refused to set aside the default, aud a decree of divorce was rendered.
It is perfectly well settled, as a general rule, that the return of an officer can not be disputed. Where it is sought to con- tradict the return collaterally, and after rights have been 169 816 1 aiaS53 50 3151 41a 4S01 59 315 184 537 185 433 69 'SW ell3ai502 Digitized by Google 316 Bbown v. Brown. [Sept. Tl, Opinion of the Court.
acquired upon its faith, or innocent persons are to be injuri- ously affected, cour
...ts should firmly apply the rule. Such has been the action of this court in cases of that character.
Wliile, however, this is the well established general prin- ciple, cases have occasionally occurred, and will continue to do so, which, in order to prevent the perpetration of a great wrong, must be treated as exceptional. The present case is an excellent' illustration. Here, the question arose upon an appli- cation to set aside a default. The suit was still pending. No rights had been acquired by any person on the faith of the return.


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