Cooley v. Willard

Decided April 15, 1865

Illinois Supreme Court · decided 1865-04-15

<p>Release eo errors — dismissed of a bill in chancery for am, injunction absolutely, and a dismissal “ without prejudice.” Although a wide difference exists between the dismissal of a bill in chancery, absolutely, upon the hearing, and its dismissal “without prejudice,” in its bearing upon the question whether the complainant is concluded in his right to sue again, yet that distinction does not obtain in reference to a plea of release of errors, alleging that the judgment sought to be reversed had been enjoined at the suit of the plaintiff in error, and that the suit in chancery in which the injunction was issued had been dismissed.</p>

Decided 1865-04-15

Per Curiam :

¶1It is understood that a wide difference exists - between the dismissal of a bill in chancery, absolutely, upon the hearing of a cause, and its dismissal “without prejudice,” in its bearing upon the question whether the complainant is concluded in reference to the subject-matter of his complaint.

¶2But for the purposes of this issue, we do not think that distinction should obtain; there is no such variance between the record set out and that produced in evidence, as to defeat the plea. We find the issue for the defendant, and dismiss the writ of error.