Merritt v. Merritt
Illinois Supreme Court
This was a proceeding in chancery, commenced by the plaintiff in error, in the Bureau Circuit Court. The cause was submitted to Catón, Justice, at the May term, 1849, upon bill, answer and depositions; whereupon, the bill was dismissed. The complainant below sued out this writ of error. All the facts necessary to a full understanding of the case, are presented in the opinion.
1Opinion of the Court
Opinion by Treat, C. J.:
This was a bill in chancery, filed on the 23d of April, 1844, by Daniel Merritt against Stephen Merritt, to foreclose a mortgage. The answer set up in bar of a foreclosure, a submission to arbitration of all matters in difference between the parties. an award made in pursuance thereof, and an offer by the defendant to perform the conditions of the award. The complainant thereupon filed an amended bill, in which he set forth in detail various other demands against the defendant, and alleged that there was a large amount due, over and above all demands the defendant…
2Cases cited1 opinion
- Karthaus v. Yllas Y FerrerSupreme Court of the United States · 1828
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- Tim Huey Corp. v. Global Boiler & Mechanical, Inc.Appellate Court of Illinois · 1995
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