Ferris v. McClure
Illinois Supreme Court
Writ of error to the Circuit Court of Peoria county; the Hon. A. L. Merriman, Judge, presiding. On the sixth day of September, 1848, Sylvanus Ferns exhibited his bill in chancery in the court below, against John E. McClure, John Reynolds, and one J. P. Hotchldss, who has since died. The parties to the suit were copartners, and the object of the bill was to obtain an account in reference to their partnership business.
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Writ of error to the Circuit Court of Peoria county; the Hon. A. L. Merriman, Judge, presiding. On the sixth day of September, 1848, Sylvanus Ferns exhibited his bill in chancery in the court below, against John E. McClure, John Reynolds, and one J. P. Hotchldss, who has since died. The parties to the suit were copartners, and the object of the bill was to obtain an account in reference to their partnership business. The defendants answered the bill, and a replication was filed. In March, 1861, a special master was appointed to take proofs, and in October, 1862, the master made his report.…
1Opinion of the CourtJustice Beckwith
After a cause is at issue, if any matter of defense arises, the only mode in which a defendant can avail himself of it is by a cross-bill. Story’s Eq. Plead., sec. 392. The defendants should have filed a cross-bill setting forth the release, and obtained a rule upon the complainant for answer thereto. The complainant would then have had an opportunity to deny the execution of the release, or to admit it and set up matters in avoidance. A replication to such answer would have put the validity of the release in issue. Such proofs as the parties desired to introduce in regard to it should have…
2Cited by6 opinions
- Dunham v. DunhamIllinois Supreme Court · 1896
- Mills v. LarranceIllinois Supreme Court · 1900
- Dunham v. DunhamAppellate Court of Illinois · 1895
- French v. Bellows Falls Savings InstitutionAppellate Court of Illinois · 1896
- Allinson v. PiersonIllinois Supreme Court · 1918
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