Ogden v. Larrabee

Citations

• 70 Ill. 510

Syllabus

<p>1. Second appeal or writ oe error—what it brings before the court for consideration. Where a case has been heard in the circuit court, re-J viewed in the Supreme Court, and remanded with directions as to the decree that shall be entered, a party can not, on a subsequent appeal, assign for error any cause that accrued prior to the former decision of the Supreme Court.</p> <p>2. It will be presumed, where a case is determined in the Supreme Court upon its merits, and the errors assigned, that the appellant or plaintiff in error has no further objection to urge against the record, and that, if any errors exist which are not so assigned, they are waived, and he will not be permitted to assign such errors on a second appeal. He will not be permitted to have his cause heard partly at one time and the residue at another.</p>