Public-domain · open source
OpenJurist

157 Ill. App. 227

Bryant v. Taylor

Appellate Court of Illinois

Decided October 20, 1910

Appellate Court of Illinois · decided 1910-10-20

<p>Costs—when decree reversed for failure to award. Upon the dismissal of a bill in chancery the matter of costs should be adjudicated; failure so to do requires a reversal.</p>

Relies on Langlois v. Matthiessen

Reversed and remanded · Decided 1910-10-20

Mr. Justice Baker

¶1delivered the opinion of the court.

¶2This is an appeal of the defendant from a decree dismissing a bill in equity on motion of complainants. The appeal presents for review here, we think, only the question whether the decree is erroneous in making no order respecting costs. In Langlois v. Matthiessen, 155 Ill. 230, it was said: “Costs must follow dismissal by complainant as a matter of course. Technically the decree is erroneous in making no order respecting the costs. They should have been adjudged against the complainant.”

¶3The decree will be reversed and the cause remanded to the Circuit Court with directions to enter an order dismissing the bill, on complainants’ motion, at the costs of complainants, and for execution, etc.

¶4Reversed and remanded with directions.

/157/illapp/227 · .json · Public domain