Gage v. Ewing

Citations

• 114 Ill. 15
• 28 N.E. 379

Syllabus

<p>1. Former adjudication—dismissal of bill for reasons not affecting the merits—whether a bar fo a subsequent suit. The dismissal of a bill in chancery because of a defect therein, such as a failure to allege a matter essential to the jurisdiction of the court, is no bar to a second bill in which such defect is cured or obviated by further and sufficient allegations.</p> <p>2. Thus, where the owner of land filed a bill to set aside a tax title as a cloud on his title, which failed to show that the land was in the possession of the complainant, or was unimproved and unoccupied, so as to give a court of equity jurisdiction, its dismissal by the court is no bar to a second bill brought for the same purpose by a purchaser of the complainant in the former bill, purchasing during its pendency, which alleges that the premises are vacant and unoccupied.</p>