Chicago Artesian Well Co. v. Connecticut Mutual Life Insurance

Citations

• 57 Ill. 424

Syllabus

<p>1. Cross bill—whether gwmane to the subject matter of the original suit. A party filed a petition to enforce a mechanics lien, making, among others, a subsequent grantee of the fee in the premises, and a mortgagee, parties defendant. After the commencement of this proceeding the mortgagee, under a power contained in the mortgage, sold the premises to a third person, to whom a deed was made. Thereupon the owner in fee filed his cross bill, charging that the sale under the mortgage was in fraud of his rights, and asking relief in respect thereto: Held, the subject matter of the cross bill was germane to that of the original suit, although it was something which did not affect the interest of the petitioner himself, in the suit.</p> <p>2. Same—time for filing cross bill. The cross bill in this case was not filed until after a final decree was entered in the original suit, declaring the rights of the parties in respect to their several liens, but as it did not propose to interfere in any way with the operation of that decree, nor tend to delay the petitioner in securing his rights under it, the cross hill was regarded as filed in sufficient time to he considered. In a case so circumstanced, it ought never to be too late to file such a cross bill, so long as the court has control of the case.</p> <p>3. Same—whether the cross bill should be retained after the original ground of suit is satisfied. After the filing of the cross bill the claim of the original petitioner was paid, but it did not follow that the court had no power after that to determine questions between co-defendants. They were still before the court, not necessarily dismissed from it by such payment of the petitioner’s decree, and the bill had not been dismissed. The cross bill in such case should be retained, for the purpose of settling the question presented by it, and it was erroneous to refuse a motion for a rule upon the defendant thereto to answer the same, at that stage of the proceedings.</p> <p>