Glos v. McKeown

Citations

• 141 Ill. 288
• 31 N.E. 314

Syllabus

<p>1. Costs—on bill to set aside tax deed as a cloud on title. It is error to require the defendant to pay the costs on bill to set aside a tax deed as a cloud on title, where no tender is averred in the bill, or is shown by the proofs, to have been made before the filing of the bill.</p> <p>2. Practice in the Supreme Court—error cured by remittitur. But where the complainant, on appeal by the defendant, files in this court a remittitur of all the costs decreed to him in the trial court, this will be sufficient, under section 81 of the Practice act, to cure the error in awarding a decree to complainant for his costs,and the decree will be affirmed; but for the error in the decree below as to costs, the appellee will be required to pay all the costs of the proceedings in this court.</p>