Ferris v. McClure

Citations

• 36 Ill. 77

Syllabus

<p>1. Cross-bill — defense arising after issue joined. After a cause in chancery is at issue, if any matter of defense arises, the only mode in which a defendant can avail himself of it is by cross-bill.</p> <p>2., Same—where die defendant has obtained a release. So where a defendant in chancery has obtained a release after the cause is at issue, he should set it up by cross-bill, and not by motion to dismiss the suit. The court should not undertake to hear and determine the case upon the validity of the release without pleading.</p> <p>3. Evidence in chancery—should not be taken ex parte. Where the validity of a release obtained by a defendant in chancery after issue formed, is brought in question, the question should not be determined except upon pleading, and upon proofs made in the usual way, allowing of the cross-examination of witnesses.</p>