Howard v. Housing Authority

Head, Presiding Justice.

In the order of May 4, 1964, (the only order excepted to which was entered in the case under review) it was held that the condemnor’s dismissal of its first petition was effective to terminate all litigation in that case, and it was ordered that the cross petition of the condemnee in the first case be dismissed. The questions made by the assignments of error on this order do not require a ruling as to whether or not the cross petition of the condemnee stated a cause of action, but they do require an exploration of the nature and character of the equitable cross…