Gage v. Bailey

Citations

• 119 Ill. 539
• 9 N.E. 199

Syllabus

<p>1. Chancery—right of complainant to dismiss his bill—before and after reversal. Where no cross-bill has been filed in a suit in chancery, as a general rule a complainant may dismiss his bill at any time he may desire, before a final decree has been entered in the cause.</p> <p>2. But if a decree which has been rendered according to the prayer of the bill, shall, upon error or appeal, be reversed upon the merits, and the cause remanded “for further proceedings not inconsistent with” the opinion filed, the trial court will have nothing to do but to dismiss the bill on the merits; and in such case it will be error to allow the complainant to dismiss his bill.</p>