Hamilton v. Gilman, 12 Ill. 260 (1850)

Dec. 1850 · Illinois Supreme Court
12 Ill. 260

Elizabeth Hamilton, et al., Pltffs in Error, v. Winthrop C. Gilman, et al. Defts in Error.

ERROR TO SANGAMON.

A decree cannot be entered against infants, without proof to sustain the case.

This was a bill against parties, some of whom were infants. No proof was taken in support of the bill.

Caton, J.

This record does not show that any evidence was before the Court, to-sustain the case made in the bill. Without such proof, no decree could be entered, especially as against the infant, Defendant.

The decree is reversed, and the suit remanded, with leave to the Complainants, -to amend their bill.

Decree reversed.