People ex rel. Bradley v. McAuliffe, No. 36755

CourtSupreme Court of Illinois
Citation179 N.E.2d 616,24 Ill.2d 75
Docket NumberNo. 36755
PartiesThe PEOPLE ex rel. Eugene BRADLEY, Petitioner, v. Robert E. McAULIFFE, Judge of the Village Court of Maywood, Respondent. . Jan, 23, 1962. R. W. Harris, Marion (Fitzpatrick, Postilion, Zegiel & Heinemann, Peter Fitzpatrick, and Michael H. Postilion, Chicago, of counsel), for petitioner. Kitsos & Kitsos, Chicago (Nicholas T. Kitsos and Hermes C. Kitsos, Chicago, of counsel), for respondent. HERSHEY, Chief Justice. Petitioner, Eugene Bradley, by leave of court filed a petition for mandamus to compel the judgme of the village court of Maywood to expunge from the records of that court a certain order purporting to vacate a decree of the circuit court of Williamson County and also to require said judge to dismiss a certain divorce proceeding now pending in the village court of Maywood. Respondent has filed a motion to dismiss the petition for mandamus. The essential facts, as disclosed by the pleadings, are as follows: Eugence Bradley, the present petitioner, filed a praecipe for divorce in the circuit court of Williamson County on
Decision Date24 August 1960

Page 616

179 N.E.2d 616
24 Ill.2d 75
The PEOPLE ex rel. Eugene BRADLEY, Petitioner,
v.
Robert E. McAULIFFE, Judge of the Village Court of Maywood,
Respondent.
No. 36755.
Supreme Court of Illinois.
Jan, 23, 1962.

Page 617

R. W. Harris, Marion (Fitzpatrick, Postilion, [24 Ill.2d 76] Zegiel & Heinemann, Peter Fitzpatrick, and Michael H. Postilion, Chicago, of counsel), for petitioner.

Kitsos & Kitsos, Chicago (Nicholas T. Kitsos and Hermes C. Kitsos, Chicago, of counsel), for respondent.

HERSHEY, Chief Justice.

Petitioner, Eugene Bradley, by leave of court filed a petition for mandamus to compel the judgme of the village court of Maywood to expunge from the records of that court a certain order purporting to vacate a decree of the circuit court of Williamson County and also to require said judge to dismiss a certain divorce proceeding now pending in the village court of Maywood. Respondent has filed a motion to dismiss the petition for mandamus.

The essential facts, as disclosed by the pleadings, are as follows: Eugence Bradley, the present petitioner, filed a praecipe for divorce in the circuit court of Williamson County on August 24, 1960. Summons was issued by the clerk of the circuit court of Williamson County and was personally served upon the wife, Linda Bradley, on September 10, 1960, by the sheriff of Cook County. On November 14, 1960, in the same action, Eugene Bradley filed a complaint for divorce, alleging that he was a resident of Williamson County and had resided in the State of Illinois for more than one year preceding the filing of his praecipe, and also alleging grounds for divorce and asking custody of their minor child.

Linda Bradley filed no answer and entered no appearance in the circuit court of Williamson County. After hearing testimony in support of the allegations of the complaint, the circuit court of Williamson County entered a decree on December 20, 1960, granting a divorce and awarding the custody of the child to Eugene Bradley. The decree specifically found the residence of Eugene Bradley to be in Williamson County.

[24 Ill.2d 77] Meanwhile, on December 7, 1960, after the service of summons and the filing of the complaint in the Williamson County case, but before the hearing and decree, Linda

Page 618

Bradley filed a praecipe for divorce in the village court of Maywood. Thereafter, in the same court, she filed a petition asking the village court to declare the divrce decree entered by the circuit court of Williamson County void. In this petition she alleged that Eugene Bradley was a resident of Cook County and that the Williamson County decree was the result of perjured testimony.

On December 23, 1960, Eugene Bradley, who had been personally served with process on December 9, appeared in the proceeding in the village court of Maywood and moved to dismiss the cause on the ground that the parties had been divorced by decree of the circuit court of Williamson County and that the cause of action was barred by the decree. In support of this motion, he filed a certified copy of the decree of the circuit court of Williamson County. On February 2, 1961, the village court of Maywood denied the motion to dismiss. Thereupon, Eugene Bradley filed an answer to Linda Bradley's petition to vacate and set aside the decree of the circuit court of Williamson County, alleging that he was at all times a resident of Williamson County. On March 16, 1961, Eugene Bradley moved in the village court of Maywood for the entry of a summary judgment in his favor for the reason that the circuit court of Williamson County had entered a decree specifically finding that he was a resident of Williamson County, and furnishing affidavits in support of his motion. Linda Bradley filed a counteraffidavit, alleging that Eugene Bradley was a resident of Cook County. The court heard evidence on the question of Eugene Bradley's residence and refused to dismiss Linda Bradley's petition or to enter a summary judgment. Instead, on July 28, 1961, the court entered an order vacating and setting aside the decree of the circuit court of Williamson County and granting Linda Bradley leave to file [24 Ill.2d 78] a complaint for divorce. On the same day, July 28, 1961, Eugene Bradley also moved the village court to expunge the order entered on February 2, 1961, denying his motion to dismiss, and to enter in lieu thereof an order dismissing the action pending in the village court of Maywood The court denied this motion,...

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20 practice notes
  • Bremen Cmty. High Sch. Dist. No. 228 v. Cook Cnty. Comm'n on Human Rights, Docket No. 1–11–2177.
    • United States
    • United States Appellate Court of Illinois
    • November 8, 2012
    ...an order entered by a court that erroneously assumed jurisdiction which the court did not possess ( People ex rel. Bradley v. McAuliffe, 24 Ill.2d 75, 78, 179 N.E.2d 616 (1962) (collecting cases)) or to expunge a void order entered by a tribunal without jurisdiction ( Daley v. Laurie, 106 I......
  • People ex rel. Harrod v. Illinois Courts Commission, No. 49118
    • United States
    • Supreme Court of Illinois
    • November 30, 1977
    ...(1963), 28 Ill.2d 612, 615-16, 192 N.E.2d 882; People ex rel. Bradley v. McAuliffe (1962), 24 Page 61 [14 Ill.Dec. 256] Ill.2d 75, 78, 179 N.E.2d 616; People ex rel. Illinois Highway Transportation Co. v. Biggs (1949), 402 Ill. 401, 408, 84 N.E.2d 372; People ex rel. Elmore v. Allman (1943)......
  • Farah v. Farah, No. 59651
    • United States
    • United States Appellate Court of Illinois
    • January 6, 1975
    ...922, 929, 293 N.E.2d 399, 405 citing McFarlin v. McFarlin, 384 Ill. 428, 51 N.E.2d 520; also People ex rel. Page 365 Bradley v. McAuliffe, 24 Ill.2d 75, 80, 81, 179 N.E.2d Thus, the clear issue regarding the jurisdiction of the subject matter is whether plaintiff or defendant resided in Ill......
  • People Ex Rel. Anita Alvarez v. Skryd, No. 110498.
    • United States
    • Supreme Court of Illinois
    • February 3, 2011
    ...an order entered by a court that erroneously assumed jurisdiction which the court did not possess ( People ex rel. Bradley v. McAuliffe, 24 Ill.2d 75, 78, 179 N.E.2d 616 (1962) (collecting cases)) or to expunge a void order entered by a tribunal without jurisdiction ( Daley v. Laurie, 106 I......
  • Request a trial to view additional results
20 cases
  • Bremen Cmty. High Sch. Dist. No. 228 v. Cook Cnty. Comm'n on Human Rights, Docket No. 1–11–2177.
    • United States
    • United States Appellate Court of Illinois
    • November 8, 2012
    ...an order entered by a court that erroneously assumed jurisdiction which the court did not possess ( People ex rel. Bradley v. McAuliffe, 24 Ill.2d 75, 78, 179 N.E.2d 616 (1962) (collecting cases)) or to expunge a void order entered by a tribunal without jurisdiction ( Daley v. Laurie, 106 I......
  • People ex rel. Harrod v. Illinois Courts Commission, No. 49118
    • United States
    • Supreme Court of Illinois
    • November 30, 1977
    ...(1963), 28 Ill.2d 612, 615-16, 192 N.E.2d 882; People ex rel. Bradley v. McAuliffe (1962), 24 Page 61 [14 Ill.Dec. 256] Ill.2d 75, 78, 179 N.E.2d 616; People ex rel. Illinois Highway Transportation Co. v. Biggs (1949), 402 Ill. 401, 408, 84 N.E.2d 372; People ex rel. Elmore v. Allman (1943)......
  • Farah v. Farah, No. 59651
    • United States
    • United States Appellate Court of Illinois
    • January 6, 1975
    ...922, 929, 293 N.E.2d 399, 405 citing McFarlin v. McFarlin, 384 Ill. 428, 51 N.E.2d 520; also People ex rel. Page 365 Bradley v. McAuliffe, 24 Ill.2d 75, 80, 81, 179 N.E.2d Thus, the clear issue regarding the jurisdiction of the subject matter is whether plaintiff or defendant resided in Ill......
  • People Ex Rel. Anita Alvarez v. Skryd, No. 110498.
    • United States
    • Supreme Court of Illinois
    • February 3, 2011
    ...an order entered by a court that erroneously assumed jurisdiction which the court did not possess ( People ex rel. Bradley v. McAuliffe, 24 Ill.2d 75, 78, 179 N.E.2d 616 (1962) (collecting cases)) or to expunge a void order entered by a tribunal without jurisdiction ( Daley v. Laurie, 106 I......
  • Request a trial to view additional results

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