Crosby v. Kiest

Citations

• 135 Ill. 458
• 26 N.E. 589

Syllabus

<p>1. Judicial sale—notice—the statute construed. The statute (Rev. Stat. chap. 77, sec. 14,) prescribing the notice of sales of land on execution does not apply to sales by a master under a decree in chancery.</p> <p>2. Where a court of chancery decrees the sale of land for the payment of money, it may, under its general powers, prescribe such notice to be given of the time of sale as may be reasonable. Three weeks’ notice by publication in a public newspaper is reasonable.</p> <p>3. Practice—trying a cause out of its order on the docket. Where the solicitors of the parties are absent from the court when a chancery cause is called for hearing, the court may, in its discretion, continue the cause or pass it to some future day, and return to it afterward when the parties are present or have had notice that the cause would be taken up, and then dispose of the same. By such passing of the case the court does not lose its jurisdiction to take up the case and dispose of it after-wards during the term.</p> <p>4. Release op errors—must he pleaded. In case a decree is for too large an amount, the error, on appeal, can not be obviated by filing papers in the court below stating that the decree has been paid. If the error has been released, the only way to take advantage of it is by a plea of the release.</p>