Thomas v. Adams
Illinois Supreme Court
The record in this cause shows the following facts: The president, directors and company of the Bank of Illinois recovered judgments in the Lawrence Circuit Court, against Josiah R. Wynn and others, as follows : At September term, 1843, against Archibald George, Jackson B. Shaw, and Josiah Wynn, for $246.75, and costs, on which execution was issued on the 11th of September, 1843, on which nothing was. made.
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The record in this cause shows the following facts: The president, directors and company of the Bank of Illinois recovered judgments in the Lawrence Circuit Court, against Josiah R. Wynn and others, as follows : At September term, 1843, against Archibald George, Jackson B. Shaw, and Josiah Wynn, for $246.75, and costs, on which execution was issued on the 11th of September, 1843, on which nothing was. made. On the 10th of June, 1848, a second execution was issued, on which $208.51 was made on the 25th of October, 1848. At September term, 1842, against Josiah R. Wynn, Archibald George, and…
1Opinion of the CourtBreese, J.
The practice, to dismiss a bill in chancery, on motion, has not generally obtained in the courts of Great Britain, or in this country, unless it be for want of equity, apparent on the face of the bill, and where it is manifest no amendment could help it, or for want of jurisdiction. -For a want of proper parties it is not the practice to dismiss on motion. When there is equity in the bill, and all the necessary parties are not before the court nor in the bill, the rule is, to hold the bill, in order that proper parties may be made to it.
The objection here was, that all the judgment debtors…
2Cases cited1 opinion
- Leach v. ThomasIllinois Supreme Court · 1862
3Cited by15 opinions
- Johnson v. Freeport & Mississippi River Railway Co.Illinois Supreme Court · 1884
- Joyce v. BlankenshipIllinois Supreme Court · 1948
- Hulse v. NashIllinois Supreme Court · 1928
- Leonard v. ArnoldIllinois Supreme Court · 1910
- Leonard v. GarlandIllinois Supreme Court · 1911
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