Hultberg v. Anderson

Hand and Cartwright, JJ.,

dissenting:

We do not agree to the second paragraph of the majority opinion. Plaintiffs in error have never, as yet, had a hearing upon the merits of their case. The original decree upon which the creditor’s bill filed in this case is based was affirmed in White Star Mining Co. v. Hultberg, 220 Ill. 578, upon the sole ground that the submission was a general one and that the award which followed was binding upon the parties, and from the averments of the cross-bill filed in this case we are impressed with the view that it is shown that the original decree is…