Thomas v. Adams

Citations

• 59 Ill. 223

Syllabus

<p>1. Chancery—when the allegations of the bill must be supported by proof. Where the answers to a bill in chancery deny the allegations in the bill, or do not admit them to be true, the complainant is put upon proof of them, and where the record does not contain any evidence, and the decree fails to recite that the hearing was upon evidence, the action of the court below, dismissing the bill, will be sustained in the appellate court.</p> <p>2. Same—proof required as to infants. A default can not be taken against infant defendants in clianceiy, nor can a decree be Tendered against them without proof.</p> <p>3. Same—agreement as to proof on a former hearing. An agreement as to what the exhibits in a cause proved on the hearing, will not operate as evidence on a hearing subsequently had, upon a reversal of the first decree ; and if such agreement could be given any effect upon a second hearing, as to parties in court at the time it was made, it could not bind new parties to the record who gave no assent thereto.</p>