Rees v. City of Chicago

Citations

• 38 Ill. 322

Syllabus

<p>1. Judgments against several—when a part only may be bound. In a proceeding against two or more defendants, whose interests are several, the finding against any one of them, thus situated, not being appealed from, is conclusive against such party.</p> <p>2. Practice in the Supreme Court—of partial reversal. A judgment, or decree against joint defendants, except when the interests are several, can not be affirmed in part and reversed in part, but must stand as entered, or be reversed in toto.</p> <p>3. Joint judgments—liability under them. A party to a joint judgment, can not discharge himself by paying a proportionate share of the judgment.</p> <p>4. Parties on appeal—alone to be affected. An appellate court can not make a decree against one who has not appealed, even though the court below was without jurisdiction; and such party is precluded from all benefit resulting from the appeal. No party except the appellant can be heard in support of it.</p> <p>5. Sale op realty—divestiture of title. The bare receipt of money by a vendor of land, will not transfer the title, or give a right of action to compel a specific performance of the contract of sale. Nor can title be divested under void, or without form of law by acceptance of the money tendered.</p> <p>6. Taking private property por public use—divestiture of title. Where, in the exercise of the right of eminent domain, private property is taken for public use, condemnation of the lands effected, the damages assessed and accepted by the owners, who declare their assent to the proceedings, the title thereby becomes divested.</p> <p>7. Dedication. A dedication is not vitiated because it may have been effected by the payment of money.</p> <p>8. To effect a dedication, there must be an intent so to do, and no particular time is necessary for evidence of dedication ; it may take place immediately.</p> <p>9. Where ground is dedicated to public use and accepted, acceptance may be shown by user by the public, or by acts o