Prettyman v. Barnard

Citations

• 37 Ill. 105

Syllabus

<p>1. Answer in Chanoert—exceptions to — effect of abiding by. If a party to a suit in chancery, chooses to abide by his exceptions to an answer to his cross-bill, and which are disallowed, the answer is properly taken for true.</p> <p>2. Collateral — deposit of—not payment. Where notes of third parties are placed in the hands of a creditor as collateral, but are not paid, the party depositing them, can claim no credit for the amount due by them.</p> <p>3. Rehearing — discretionary. A motion for a rehearing in chancery, is addressed to the discretion of the court, and error cannot be assigned- on refusing it.</p> <p>4. Decree — reciting service of process — evidence of service. Where the decree recites the fact that process was issued, and there is nothing showing it was not served, it will be considered as served, unless the party will file an affidavit, that he was not served.</p> <p>6. Abstract—dismissal for want of—discretionary. It is discretionary with this court, to dismiss a cause for want of complete abstract, or for noncompliance with a rule to furnish abstract by a certain time.</p>