Swift v. Allen

Citations

• 55 Ill. 303

Syllabus

<p>1. Chancery—decree dismissing bill, whether conclusive. A decree rendered on the hearing of a suit in chancery, simply dismissing the bill, is conclusive, and will bar the parties from re-opening the questions litigated in that suit, in another case; but if the bill is dismissed “ upon the ground that a court of law is the proper forum in which to try the matters in controversy in the suit,” then the decree will operate only as a dismissal of the bill without prejudice.</p> <p>2. Notice—amendment of final decree—of notice to the solicitor. Notice of an application.to amend a final decree, at a subsequent term, was served upon the solicitor of the opposite part}', and it was held not to be availing as notice to the party himself, because the connection of the solicitor with the case terminated with the final decree.</p> <p>3. Same—of a verbal notice. Quaere, whether verbal notice in such case is sufficient.</p> <p>4. Same—of notice by posting. Notice of an application for such an amendment, posted on the door of the court house, in the county in which the suit had been pending will not avail.</p> <p>5. Same—to whom notice must be given. And notice in such case to one defendant would not affect the rights of another defendant, the latter claiming as purchaser from the former.</p> <p>6. Same—necessity of notice. A final decree dismissing a bill, was amended at a subsequent term so as to operate as a dismissal of the bill without prejudice, without notice to the party whose rights were to be affected by the amendment : Held, the amendment was absolutely void for want of such notice, and could be assailed in a collateral as well as in a direct proceeding.</p>