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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