McElhanon v. McElhanon ex rel. LeCompte

Citations

• 63 Ill. 457

Syllabus

<p>1. Parties to an action—whether they may appear both as plaintiffs and defendants. The rule that a party can not be both plaintiff and defendant in an action—that it is an answer to an action, that a party is legally interested on each side of the question—will operate, although the party appears on one side in his personal and on the other in his official character.</p> <p>2. A instituted a suit in chancery against B and obtained an injunction, giving to B his bond with security. Subsequently A, averring that he was the assignee of B in bankruptcy, brought an action of debt on the bond against himself and surety for the use of 0, and upon default of the defendants, the plaintiffs’ damages were assessed at $50. The declaration was regarded as insufficient to sustain the judgment rendered in the cause, for the reason that A appeared both as plaintiff and defendant.</p>