Carlton

A judgment in plaintiff’s favor entered in the circuit court, Livingston County, Illinois, is made the 'basis of this action. From the new judgment rendered in a superior court of this state, the defendants appeal, insisting that the judgment sued on is void because the Illinois court never acquired jurisdiction of the parties, and further, that plaintiff has no capacity to sue in this state. We find neither position defensible.

It appears from the evidence that Herbert A. Miller, a defendant, but not one of the appellants, was in some sort of financial difficulty with the town of Reading, Illinois, and the appellants, his parents, signed a note for $12,000 made payable to “Dennis Carlton, Trustee”, and sent it back to their son in Illinois. Dennis Carlton was incidentally supervisor of and, as such, treasurer of the road and bridge fund for the town of Reading. By ar rangements made between the attorney for Reading and counsel for appellants and their son, it was provided that the plaintiff was to act as trustee for the town in the matter. The note not being paid, plaintiff brought suit upon it, recovering judgment for almost $9,000.

Appellants’, challenge to plaintiff’s…

We concur in the judgment, not only for the reasons above stated, but for an additional reason. It does not appear that when Mr. Phillips, as an attorney at law, appeared as attorney for the defendants, his right so to do was dependent exclusively upon the authorization contained in the note. The fact that the defendants were not served with summons does not prove that they were not 'informed in advance that the action would be instituted. In the absence of evidence to the contrary, it should be presumed that they directly instructed Phillips to appear for them.