Knapp v. Marshall
Illinois Supreme Court
This was a bill filed in the Knox Circuit Court for relief and discovery. A demurrer was interposed, on the ground that the complainants had not made proper parties to the bill; the court sustained the demurrer to the bill, and on this order, the complainants below brought this writ of error.
1Opinion of the CourtBreese, J.
It does not appear from the record in this cause that any final decree has been entered, by the Circuit Court. It only shows that the court sustained a demurrer to the bill, to which the complainants excepted. What followed on sustaining the demurrer is not shown. The cause, for aught that appears, is still pending in the Circuit Court for the purpose of new parties. We cannot say. If the record showed that the bill had been dismissed for the want of proper parties, we should hold that error, because on such showing, if the bill has merits, it must be retained in order that the proper parties…
2Cited by16 opinions
- Campbell v. PowersIllinois Supreme Court · 1891
- Howell v. City of PeoriaIllinois Supreme Court · 1878
- People ex rel. Phillips v. SeversonAppellate Court of Illinois · 1904
- Weaver v. PoyerIllinois Supreme Court · 1873
- People ex rel. Ring v. Board of EducationIllinois Supreme Court · 1908
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