Brownell v. Brattleboro Savings Bank

Appellate Court of Illinois

Brownell v. Brattleboro Savings Bank

69 Ill. App. 122, 1896 Ill. App. LEXIS 291

DecidedMarch 8, 1897

StatusPublished

This text of 69 Ill. App. 122 (Brownell v. Brattleboro Savings Bank) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brownell v. Brattleboro Savings Bank, 69 Ill. App. 122, 1896 Ill. App. LEXIS 291 (Ill. Ct. App. 1897).

Pincite

Opinion

Mr. Justice Gary

delivered the opinion of the Court.

These are appeals from deficiency decrees after distributing the proceeds of the sales under foreclosure decrees. The first dozen assigned errors are to the foreclosure decrees, which are not before us for review on these appeals. An appeal from a decree can be taken only at the term at which the decree is entered. If subsequent proceedings are founded upon it, and an appeal prosecuted from an order or decree entered in such subsequent proceedings, any attack then upon the original decree is but collateral, and mere error is immaterial. Freeman v. Freeman, 66 Ill. 53; Haas v. Chicago Building Soc., 89 Ill. 498; Campbell v. Jacobson, 44 Ill. App. 238.

The errors alleged as to the deficiency decrees are supported neither by the record nor by argument.

The three cases are, as to questions involved, exactly alike, and the decrees are affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

Mr. Justice Gary

delivered the opinion of the Court.

These are appeals from deficiency decrees after distributing the proceeds of the sales under foreclosure decrees. The first dozen assigned errors are to the foreclosure decrees, which are not before us for review on these appeals. An appeal from a decree can be taken only at the term at which the decree is entered. If subsequent proceedings are founded upon it, and an appeal prosecuted from an order or decree entered in such subsequent proceedings, any attack then upon the original decree is but collateral, and mere error is immaterial. Freeman v. Freeman, 66 Ill. 53; Haas v. Chicago Building Soc., 89 Ill. 498; Campbell v. Jacobson, 44 Ill. App. 238.

The errors alleged as to the deficiency decrees are supported neither by the record nor by argument.

The three cases are, as to questions involved, exactly alike, and the decrees are affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

69 Ill. App. 122, 1896 Ill. App. LEXIS 291, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brownell-v-brattleboro-savings-bank-illappct-1897.

Opinion

Related

Cite This Page — Counsel Stack