Glos v. Swigart
Illinois Supreme Court
Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Philip Stein, Judge, presiding.
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Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Philip Stein, Judge, presiding. This was a bill filed by appellee, in which he set up that he was the owner of the east half of a certain lot in Cook county, being about forty acres; that on August 28, 1893, at a tax sale for delinquent taxes for the year 1892, made by Charles Kern, county collector, through one William Batterman, said property was offered for sale, and Rollo M. Davis, acting for the complainant, bid for the taxes, costs and interest then due…
1Opinion of the CourtChief Justice Wilkin
On the record, as presented to us, the first question which naturally arises is, what are the rights of appellants in this court? “The rule is well settled that a defendant in chancery cannot, on error, object to the sufficiency of complainant’s proof, when the bill is taken for confessed.” (Gault v. Hoagland, 25 Ill. 241.) The rule thus announced has never been departed from by this court, and therefore no question as to the sufficiency of the proof to authorize the decree below can be raised on this appeal. Appellants stand in the position of having confessed the truth of every fact well…
2Cases cited1 opinion
- Great Western Railroad Co. of 1859 v. HanksIllinois Supreme Court · 1861
3Cited by4 opinions
- Sullivan v. Harris Trust & Savings BankAppellate Court of Illinois · 1956
- Pacyna v. BlissAppellate Court of Illinois · 1913
- Roby v. Chicago Title & Trust Co.Appellate Court of Illinois · 1901
- Sebolt v. VerderevskiAppellate Court of Illinois · 1935