Ogle v. Koerner
Illinois Supreme Court
Appeal from the Appellate Court for the Fourth District;— heard in that court on writ of error to the Circuit Court of St. Clair county; the Hon. B. R. Burroughs, Judge, presiding.
Read the full summary
Appeal from the Appellate Court for the Fourth District;— heard in that court on writ of error to the Circuit Court of St. Clair county; the Hon. B. R. Burroughs, Judge, presiding. On the 6th day of February, 1890, Grustavus A. Koerner and Timothy McCarthy filed their bill in chancery, in the Circuit Court of St. Clair county, alleging, in substance, that, on the 13th day of October, 1886, Bussell Hinckley was indebted to Benjamin Higgins, in the sum of $21,700; to Benjamin Smith in the sum of $12,728, and to Joseph Ogle in the sum of $20,000, and that being so indebted, he executed to each…
1Opinion of the CourtJustice Bailey
If it be assumed that the cross-bill in this case was properly dismissed, the court committed no error in allowing the complainants in the original bill to dismiss their bill on their own motion and at their own costs. It is true the statute, provides that no complainant shall be allowed to dismiss his hill after a cross-bill has been filed, without the consent of the defendant, but after a final decree dismissing the cross-bill,' the case, so far as the original bill is concerned, stands pre-, •cisely as though no cross-bill had been filed. The complain-, ants are then at liberty to dismiss…
2Cases cited2 opinions
- Seligman v. LaubheimerIllinois Supreme Court · 1871
- Reilly v. ReillyIllinois Supreme Court · 1891
3Cited by50 opinions
- Lightcap v. BradleyIllinois Supreme Court · 1900
- Davis v. DaleIllinois Supreme Court · 1894
- Flanders v. AumackOregon Supreme Court · 1897
- The People v. AndersonIllinois Supreme Court · 1942
- City of Chicago v. SalingerIllinois Supreme Court · 1943
45 more not listed; retrieve them via the Exa API.