Trustees of Schools v. Hihler

Citations

• 85 Ill. 409

Syllabus

<p>1. Costs—trustees of schools not liable for. On the dismissal of a bill filed by trustees of schools to set aside a fraudulent conveyance of property and subject it to the payment of a debt due the school fund, it is error to render a decree against the trustees for costs.</p> <p>2. Practice in Supreme Court—obviating error by remittitur of costs. Where a party improperly takes a decree for costs against trustees of schools, he may obviate the error by filing in this court a remittitur of all costs, but in such case the decree will be affirmed at his costs.</p> <p>3. Same—release of error must be pleaded. If matters are relied on in this court as a release of errors, they must be pleaded, or they will not be regarded.</p>