McDonald v. Asay

Citations

• 139 Ill. 123
• 27 N.E. 929

Syllabus

<p>1. Supplemental bill—when applicable. A supplemental bill is properly applicable only to cases where the same parties in the same interests remain before the court. But when the relief required is of a different kind, or upon a different principle from that in the original «decree, an original bill in the nature of a supplemental bill may be filed.</p> <p>2. Chancery—bill in the nature of supplemental bill—where to be filed. A surety on an appeal bond, after the affirmance of the decree appealed from, sued out an execution on the decree, and had the same levied on land in another county, the title to which stood in the name of another. He then filed what assumed to be a supplemental bill in the original case, making the party holding the legal title a defendant, who was not a party to the decree, and sought thereby to subject the land to sale under the execution: Held, that the bill was an original bill in the nature of a supplemental bill, and should have been brought in the county where the defendant resided, and in which the lands sought to be affected were situate.</p>