Fuller v. John S. Davis' Sons
Illinois Supreme Court
Writ of Error to the Appellate Court for the Third District;—heard in that court on appeal from the Circuit Court of McLean county; the Hon. Colostin D. Myers, Judge, presiding.
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Writ of Error to the Appellate Court for the Third District;—heard in that court on appeal from the Circuit Court of McLean county; the Hon. Colostin D. Myers, Judge, presiding. This was a bill in equity filed in the circuit court of McLean county, the parties complainant therein being Albert Fuller and John Lantz, for the use of Albert Fuller, and against appellee, seeking to set aside a chattel mortgage sale by the defendant, for an accounting, and to subrogate said Albert Fuller to the rights of the defendant under the chattel mortgage. On answer filed, and replication, the cause was…
1Opinion of the CourtJustice Wilkin
The extended briefs and arguments of counsel on either side seem to proceed with but little reference to the issues made by the bill and answer. Manifestly, the decree of the circuit court cannot be sustained. It is clearly beyond the scope of the bill and the prayer for relief. Neither is it supported by the. evidence. The only attempt to justify the finding and decree is under the general prayer. But a general prayer for relief will only sustain a decree when the facts alleged justify such decree. A decree can never rest upon the prayer alone, whether it be for specific or general relief.…
2Cases cited3 opinions
- Bishop v. O'ConnerIllinois Supreme Court · 1873
- County of Cook v. DavisIllinois Supreme Court · 1892
- Waite v. DennisonIllinois Supreme Court · 1869
3Cited by9 opinions
- Dunlap v. PeirceIllinois Supreme Court · 1929
- Milz v. M.J. Meadows, Inc.Appellate Court of Illinois · 1992
- Reconstruction Finance Corporation v. TeterCourt of Appeals for the Seventh Circuit · 1941
- Wachsmuth v. Penn Mutual Life InsuranceAppellate Court of Illinois · 1909
- Berry v. FriedmanMassachusetts Supreme Judicial Court · 1906
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