McCloskey v. McCormick

Citations

• 44 Ill. 336

Syllabus

<p>■ 1. Chancery—mistake in written instrument. A court of chancery will correct a written instrument, where clearly made to appear that it was entered into and executed under mistake.</p> <p>2. Practice—objections to bill in chancery—how made. Technical objections to a bill in chancery, to be available at any time, can only be raised by demurrer.</p> <p>3. Bes ad judicata—defense of. The fact that a complainant in chancery commenced an action at law, which he finally abandoned because it would be ineffectual, is no bar to the assertion of his rights in a forum where a remedy can he given.</p>