Tuttle v. Garrett

Citations

• 74 Ill. 444

Syllabus

<p>1. Res ad judicata—in Supreme Court. When, on error to this court certain facts are found from the evidence, and the cause reversed, and remanded merely to supply proof of a particular fact, the facts found by this court must be regarded as settled and not open to be questioned on a second writ of error.</p> <p>2. Guardian ad litem —for minor defendants. Where a person is sued with certain minor defendants in chancery, as their guardian, and he appears, answers and defends in that capacity, and procures a reversal of the decree against the minors, a second decree against the minors will not be reversed because the record shows no appointment of a guardian ad litem, or proof that such person was in fact guardian.</p> <p>3. Costs — as against infants. On bill for a reconveyance of land against the minor heirs of a grantee to whom the land was conveyed as security or indemnity, it is error to decree costs against the infant defendants.</p>