Newberry v. Blatchford

Citations

• 106 Ill. 584
• 1883 Ill. LEXIS 211

Syllabus

<p>1. Appeals—freehold involved. On a bill filed by certain devisees in a will against the executors, for a present division and distribution of the estate, both real and personal, and for a construction of the will as to the time of the distribution, a freehold is involved, and an appeal lies directly from the circuit court to this court.</p> <p>2. Same—of a second appeal—what matters involved. A second appeal in the same case, when the first decision covers the merits of the controversy in all its bearings, brings up only the subsequent proceedings had after the mandate of the court of last resort was sent down.</p> <p>3. Reversal with directions—practice in the court below. Where a decree has been reversed by this court on the merits, finding that there is no equity in the bill, and the complainant is entitled to no relief, and the cause is remanded for further proceedings in conformity with the opinion of this court, nothing remains to be done by the court below but to dismiss the bill. In such ease that court has no authority to allow any amendment to the bill.</p> <p>4. Same—effect of disregarding the mandate of this court. Although it may be the duty of the court below, in such case, to dismiss the bill upon motion, on the filing of the mandate of the Supreme Court, which it refuses to do, yet if it afterward, on the final hearing, does dismiss such bill, although an amended bill has been allowed to be filed, there is no cause of complaint.</p> <p>5. Former adjudication—in the Supreme Court—how far conclusive—and in what manner to be reviewed. A decision of a case on its merits by an appellate court is final as to the matters decided, and conclusive upon the parties upon a second appeal or writ of error in the same case. And a re-statement of his case by a complainant after the merits of the controversy have been determined against him by a court of last resort, although his amended bill may contain some new matter that would not have been impertinent in the