Steward v. Kitchell

Decided April 16, 1915

Appellate Court of Illinois · decided 1915-04-16

<p>Abstract of the Decision.</p> <p>Equity, § 336*—when complainant cannot dismiss. Under the Chancery Act, sec. 36 (J. & A. § 916), providing that a complainant may not dismiss his hill after a cross-hill has been filed without the consent of the defendant, it is not error to overrule a motion by complainant to dismiss the original bill where the cross-bill is germane to it.</p>

Affirmed · Decided 1915-04-16

Mr. Presiding Justice Eldredge

¶1delivered the opinion of the court.

Abstract of the Decision.Equity, § 336*—when complainant cannot dismiss. Under the Chancery Act, sec. 36 (J. & A. § 916), providing that a complainant may not dismiss his hill after a cross-hill has been filed without the consent of the defendant, it is not error to overrule a motion by complainant to dismiss the original bill where the cross-bill is germane to it.