Ross v. Buchanan
Illinois Supreme Court
Buchanan and others filed this bill in the Circuit Court of Lawrence county, and obtained an injunction upon it restraining Ross, who had brought suit as cashier of one of the branches of the Bank of Indiana, against the defendants in error. Harlan, Judge, at September term, 1850, sustained the bill, and entered the decree complained of and sought to be reversed by this writ of error.
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Buchanan and others filed this bill in the Circuit Court of Lawrence county, and obtained an injunction upon it restraining Ross, who had brought suit as cashier of one of the branches of the Bank of Indiana, against the defendants in error. Harlan, Judge, at September term, 1850, sustained the bill, and entered the decree complained of and sought to be reversed by this writ of error. There were not any steps taken to bring Ross, the plaintiff in the suit at law in the Circuit Court of Lawrence county, into the case instituted upon the bill in chancery, and the decree appears to have been…
1Opinion of the CourtTreat, C. J.
This decree must be reversed on two grounds:
First. The court proceeded to dispose of the case without obtaining jurisdiction of the person of the defendant. He was not served with process; nor did he enter his appearance. He should have been brought before the court by the service of process, if a resident of the State; or by the publication of notice, if a non-resident. The fact that he was the plaintiff in the action at law, did not dispense with the necessity of bringing him into court as a defendant in the suit in chancery. Such is the uniform practice in courts of equity, and it has not…
2Cases cited1 opinion
- Mason v. PiggottIllinois Supreme Court · 1849
3Cited by6 opinions
- Church v. Anti-Kalsomine Co.Michigan Supreme Court · 1898
- Des Moines Life Insurance v. SeifertAppellate Court of Illinois · 1904
- Neal Institute Co. v. StuckartIllinois Supreme Court · 1917
- Hartford Fire Insurance v. LedfordAppellate Court of Illinois · 1909
- Lullman v. BarrettAppellate Court of Illinois · 1886
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