Morrison v. Smith
Illinois Supreme Court
Appeal from the Circuit Court of Morgan county; the Hon. Cyrus Epler, Judge, presiding. There is a variance between the allegations in the bill, and the proof. The bill charges that the transaction between appellants and appellee was a loan of money. The evidence clearly shows that it was a sale. It is a principle of chancery practice that a party “must recover, if at all, according to the case he has made in his bill.”
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Appeal from the Circuit Court of Morgan county; the Hon. Cyrus Epler, Judge, presiding. There is a variance between the allegations in the bill, and the proof. The bill charges that the transaction between appellants and appellee was a loan of money. The evidence clearly shows that it was a sale. It is a principle of chancery practice that a party “must recover, if at all, according to the case he has made in his bill.” He can not state one case in his bill and make out a different case in proof. Ohling v. Luitjens, 32 Ill. 23; McKay v. Bissett, 5 Gilm. 505; Morgan v. Smith, 11 Ill. 194;…
1Opinion of the CourtJustice Bailey
This was a bill in chancery, brought by Isaac L. Morrison, Herbert G-. Whitlock and Flora 0. Smith, against Samuel Smith and James F. Bearick, for the partition of the northeast quarter of section 28, township 15, north, of range 9, west, in Morgan county. After the original bill was filed, Flora 0. Smith had the bill dismissed as to her, and on her own motion she was made a party defendant, and filed her answer and cross-bill. The only controversy in the case arises upon that part of the decree which is based upon the cross-bill.
It appears from the pleadings and evidence that on the 3d day…
2Cases cited5 opinions
- Jennings v. McConnelIllinois Supreme Court · 1855
- Boston v. NicholsIllinois Supreme Court · 1868
- Wilhite v. PearceIllinois Supreme Court · 1868
- Laclede Bank v. KeelerIllinois Supreme Court · 1884
- Smith v. TrimbleIllinois Supreme Court · 1862
3Cited by20 opinions
- Elmore v. JohnsonIllinois Supreme Court · 1892
- Neville v. DavinroyAppellate Court of Illinois · 1976
- Johnson v. JohnsonSupreme Court of Oklahoma · 1922
- Sokol v. MortimerAppellate Court of Illinois · 1967
- Drake v. BeckerAppellate Court of Illinois · 1973
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