Supreme Court of Illinois Third Grand Division April Term Ad 1867 Franklin

Cover Supreme Court of Illinois Third Grand Division April Term Ad 1867 Franklin
Supreme Court of Illinois Third Grand Division April Term Ad 1867 Franklin
Daniel Lawrence
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, 1742 old ed.
2 & 3 c - Johnson never pleaded the release in such a way that he could avail himself of it in the cross suit. The release was a fact that arose after the answer to the cross-bill was filed by Johnson. See p. P. 70 and 40 printed abstract.
Johnson, to avail himself of its use, should have filed a bill in the nature of a supplemental bill. Taylor vs. Titus, 2 Edw. Ch. 135; Daniels Ch. PI. And Pr. 1, p. 781, Notes; Story Eq. PI. 903; Miller vs. Fentou, 11 Paige Ch. 19, and cases th
...ere cited.
It so happens in this case that the opposite counsel have gone into much irrevelant discussion, so far as Johnson is concerned, from want of acquaintance with the record, and from want of candor and accuracy in stating the rules of practice.
Parties who come to courts for remedies are required to do so in a. Mode allowed by law. For wise reasons the law has pre- scribed modes in which the rights of parties are to be asserted, 13 and a rigid adherence to established rules in this respect is not only matter of convenience in the administration of justice, but is essential .


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