Richards v. Lake Shore & Michigan Southern Railway Co.

Citations

• 124 Ill. 516
• 16 N.E. 909

Syllabus

<p>1. Jurisdiction—by consent of parties—effect of waiver of question of jurisdiction. It is a fundamental principle that parties to a suit can not confer jurisdiction with respect to the subject matter of the suit by stipulation or consent, for the reason that is fixed by the law, and is therefore beyond the control of the parties.</p> <p>2. If a bill fails to show a case within the jurisdiction of a court of equity, the error is fatal in every stage of the case, and can never be cured by any waiver or course of proceeding by the parties. This is so where there is a total want of jurisdiction.</p> <p>3. There is a class of cases, however, involving matters of contract, and the like, which, while they do not come within the ordinary jurisdiction of a court of equity, yet, inasmuch as they only w'ant some equitable element to bring them within such jurisdiction, the defendant, by answering to the merits, will not be permitted afterwards to raise the question of jurisdiction for the first time on the hearing, much less on appeal.</p> <p>4z. While courts of equity may assume jurisdiction in certain classes of cases not clearly within the domain of equitable cognizance, where: no objection is interposed, yet they are not bound to do so, even if the parties are desirous of proceeding upon the merits.</p> <p>5. Same—effect of waiver which is inconsistent with the party’s pleadings. On bill in chancery to recover unliquidated damages for the breach of a contract recoverable at law, the defendant filed a demurrer to the bill for want of equity, and with it a stipulation waiving all objection to the-jurisdiction, on the ground of there being a remedy at law: Held, that the stipulation being repugnant to the demurrer, which called upon the court to decide the law upon the facts stated, there was no error in disregarding the stipulation and sustaining the demurrer, it being evident there was no intention to waive the demurrer.</p> <p>6. A defendant may abandon or waive one or