Atwood v. Whittemore
Appellate Court of Illinois
Bill of Foreclosure.—Error to the Superior Court of Cook County; the Hon. Arthur H. Chetlain, Judge, presiding. Heard in this court at the October term, 1900. Statement.—Defendant in error filed his bill of complaint against plaintiff in error and others to foreclose a trust deed upon real property in Cook county. The defendants, including plaintiff in error, were all defaulted and the bill was taken pro oonfesso.
Read the full summary
Bill of Foreclosure.—Error to the Superior Court of Cook County; the Hon. Arthur H. Chetlain, Judge, presiding. Heard in this court at the October term, 1900. Statement.—Defendant in error filed his bill of complaint against plaintiff in error and others to foreclose a trust deed upon real property in Cook county. The defendants, including plaintiff in error, were all defaulted and the bill was taken pro oonfesso. A reference was ordered to a master in chancery to take proofs and report. The trust deed provided that in the event of a sale of the mortgaged premises upon a foreclosure, there…
1Opinion of the CourtJustice Sears
It is urged by counsel for defendant in error that this writ of error will not lie to review the decree in question, because a former writ of error ivas prosecuted in this court to review a part of the proceedings in the same cause.
Without reference to the lack of a plea of res adjudicate/, to this writ of error and treating the question as if properly presented by plea or appropriate motion, it is apparent that the contention is not tenable. The defendant in error here was not a party to the writ of error first sued out. It was prosecuted to review only an order of the court disposing of…
2Cases cited7 opinions
- Constant v. MattesonIllinois Supreme Court · 1859
- Hutchinson v. HutchinsonIllinois Supreme Court · 1894
- Hannas v. HannasIllinois Supreme Court · 1884
- Martin v. HargardineIllinois Supreme Court · 1868
- Conwell v. McCowanIllinois Supreme Court · 1870
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Gunzenhauser v. HenkeAppellate Court of Illinois · 1901