March v. Mayers
Illinois Supreme Court
Appeal from the Circuit Court of McLean county; the Hon. Thomas F. Tipton, Judge, presiding. This was a bill in chancery, exhibited in the court below, on the 29th day of June, 1872, by William J. Mayers and Linus Graves, to foreclose a mortgage. It appears that, on the 20th day of February, 1856, John Mayers, as principal, and William J. Mayers and Linus Graves, as sureties, gave their promissory note to Oliver March, for $858, payable with interest.
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Appeal from the Circuit Court of McLean county; the Hon. Thomas F. Tipton, Judge, presiding. This was a bill in chancery, exhibited in the court below, on the 29th day of June, 1872, by William J. Mayers and Linus Graves, to foreclose a mortgage. It appears that, on the 20th day of February, 1856, John Mayers, as principal, and William J. Mayers and Linus Graves, as sureties, gave their promissory note to Oliver March, for $858, payable with interest. In order to indemnify his said sureties against any liability upon that note, John Mayers executed to them the mortgage sought to be…
1Opinion of the CourtJustice Breese
This case rests upon no good or equitable foundation. The question of amendments in chancery proceedings, is one very much in the discretion of the court, if there be no peremptory rule of practice limiting that discretion, whether such rule be prescribed by statute, or is founded in the general usage and practice of courts of equity. We believe it to be a rule in chancery, when a demurrer going to the merits of the whole bill is sustained for want of equity, it is not the practice to allow amendments so as to make a new case with new parties. Verplanck v. Merchants’ Ins. Co. 1 Edw. Ch. 46;…
2Cases cited2 opinions
- Verplank v. Mercantile InsuranceNew York Court of Chancery · 1831
- Puterbaugh v. ElliottIllinois Supreme Court · 1859
3Cited by4 opinions
- Foss v. People's Gas Light & Coke Co.Illinois Supreme Court · 1909
- Wolverton v. George H. Taylor & Co.Illinois Supreme Court · 1895
- Merchants Union Trust Co. v. New Philadelphia Graphite Co.Court of Chancery of Delaware · 1913
- Canal Commissioners v. Village of East PeoriaAppellate Court of Illinois · 1898