Legal Opinion

Wight v. Downing

Appellate Court of Illinois

Decided June 21, 1900Published

Foreclosure.—Appeal from the Superior Court of Cook County; the Hon. Farlin Q. Ball, Judge, presiding. Heard in this court at the October term, 1899.

1Opinion of the Court

Mr. Presiding Justice Sears

delivered the opinion of the 'court.

The only questions presented upon this appeal relate to the order of the court below, sustaining appellee’s demurrer to the second amended cross-bill of appellants. We are of opinion that the demurrer was properly sustained. The matters set up by the cross-bill as ground for relief as against Frank H. Collier, Esq., are new and distinct matters, in no way germane to the subject-matter of the original bill of complaint. Therefore they are not such matters as could support a cross-bill. Thompson v. Shoemaker, 68 Ill. 256; Lund v. S.…

2Cases cited4 opinions

  1. Morgan v. SmithIllinois Supreme Court · 1849
  2. Newberry v. BlatchfordIllinois Supreme Court · 1882
  3. Thompson v. ShoemakerIllinois Supreme Court · 1873
  4. Lund v. Skanes Enskilda BankIllinois Supreme Court · 1880

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API