Opinion
Gen. No. 9,269. (Abstract of Decision.)
Opinion filed February 25, 1941.
JUDGMENTS, § 308 — jurisdictional recitals, conclusiveness. Where decree finding that children were dependent and awarding their custody to probation officer contained affirmative recitals showing jurisdiction of the parties and subject matter, the mother could not contend in a habeas corpus proceeding that she was a minor at the time the decree was entered, after she had signed her entry of appearance and waiver of summons, because upon such collateral attack the lack of jurisdiction must appear from the face of the record and could not be shown by testimony dehors the record.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit court of Tazewell county; Hon. JOHN T. CULBERTSON, JR., presiding.
Reversed and remanded with directions. Heard in this court at October term, 1940.
R.L. Russell, State's Attorney and Harold H. Kuhfuss, Assistant State's Attorney, for appellant;
Velde Prettyman and Harold H. Velde, for appellee.
"Not to be published in full." Opinion filed February 25, 1941.