Dickson v. Chicago, Burlington & Quincy Railroad

Citations

• 81 Ill. 215

Syllabus

<p>1. Jurisdiction—not lost by dismissing improper pm'ty. Where a suit against a railway company is properly brought in a particular county, but, after a change in the law requiring such a suit to be brought elsewhere, the husband of the real plaintiff was dismissed from the suit as improperly joined, and the declaration amended so as to show this fact only, but showing no new cause of action, it was held that this was not, in effect, a new suit, and that the court did not lose its jurisdiction.</p> <p>2. Amendment—ejf6CÍ on Where an improper plaintiff is dismissed from a cause, there is no occasion for refiling the declaration, or for any further plea, the cause of action being the same as before.</p> <p>3. Practice in Supreme Court—cross errors. When the defendant in error does not assign cross errors, he can not insist on any errors as against him.</p>