Sanders v. Peck

Citations

• 131 Ill. 407
• 25 N.E. 508

Syllabus

<p>1. Pbactice—after reversal and remandment—proceedings in the trial court. Where this court decides the rights of the several parties upon the merits, and reverses the decree below, and remands the cause for proceedings therein in conformity with the opinion rendered, there is nothing for the trial court to do but to carry into complete effect the decision of this court.</p> <p>2. Where a person seeks a particular specific relief by his cross-bill, and finally succeeds by having his right established, he will not have the right, on the remanding of the cause, to have other or a different form of relief from that sought, and allowed him by this court. If he' desired to seek for different relief, he should have applied to this court by petition for a rehearing, and suggested the change he desired, so that this court might have given different directions.</p> <p>3. A judgment of this court upon a decree rendered in an inferior court is res judicata upon all matters in controversy, except the specific' points upon which a reversal or modification is ordered.</p> <p>4. So when this court, on appeal or error, finds the rights and dutie’s of the several parties, and reverses the decree and remands the cause, with direction to proceed in conformity with the opinion filed, the judgment of reversal will be res judicata as to all the matters passed upon or involved in the case, and concludes all parties from questioning the propriety and correctness thereof.</p> <p>5. Tendee—must be kept good. Where a party’s right to have certain real estate purchased by him released from a deed of trust, depends upon his sim-ender of bonds secured by the trust deed, at schedule prices, to the trustee, and the party makes a tender of the bonds before the filing of his cross-bill to have a release of the trust- deed, which is refused, he must keep the tender good, which can be done only by the delivery of the bonds so tendered, with all the coupons thereon.</p> <p>6. If the party, after the