Village of Brooklyn v. Orthwein

Citations

• 140 Ill. 620
• 31 N.E. 111

Syllabus

<p>1. After reversal and remandment—what matters may arise—res judicata. An amended answer filed in a cause after remandment by this court, which seeks to relitigate the title of one of the parties, not upon any grounds that did not exist at the former hearing, is properly stricken from the files.</p> <p>2. On appeal from the decree of the circuit court in a suit for partition, this court found that the heirs and grantees of a certain person were the owners in fee of the land, and that such title was not barred by limitation, and remanded the cause, to enable the parties claiming title from the heirs of such owner to have their respective interests determined and partition made accordingly: Held, that the defendant, claiming under a different person, was precluded by the judgment of this court from re-trying the title to the premises.</p> <p>3. There is no mode provided by law, except it be upon a rehearing, whereby the final decision of a case in this court can be reversed or •set aside at a subsequent term. Even when a case is remanded gener•ally by a court of review, it is not again open in the lower court as to the questions presented by the record and decided by the court of review.</p> <p>4. Costs—when against defendant in chancery. Where a defendant, without justification, resists the granting of a decree of partition, he can not complain that he is required to pay the costs.</p>