Johnson v. Whitham

Appellate Court of Illinois

Johnson v. Whitham

210 Ill. App. 510

CourtAppellate Court of Illinois

DecidedApril 9, 1918

DocketGen. No. 6,514

StatusPublished

This text of 210 Ill. App. 510 (Johnson v. Whitham) 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

Johnson v. Whitham, 210 Ill. App. 510 (Ill. Ct. App. 1918).

Pincite

Opinion

Mr. Justice Niehaus

delivered the opinion of the court.

3. Appeal and error, § 1213*—what may not be assigned Tor error. A party cannot assign for error that which does not affect him but is prejudicial only to others who do not complain. 4. Appeal and ebrob—when error in reinstating stricken bill without notice may not be complained of. Any error of the trial court, in a suit in equity to dissolve a partnership and procure an accounting, in reinstating without notice to the defendants, the bill, which was stricken from the docket with leave to reinstate, cannot be raised on appeal where the question was not raised in the trial court, and no injustice resulted from the action of the court. 5. Equity, § 574a*—when bill of review defective for lack of parties. A bill for review of a decree in a suit by one partner against other members of the partnership for a" dissolution of the partnership and for an accounting is fatally defective where only some of the defendants are made parties to the bill of review.

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Mr. Justice Niehaus

delivered the opinion of the court.

3. Appeal and error, § 1213*—what may not be assigned Tor error. A party cannot assign for error that which does not affect him but is prejudicial only to others who do not complain. 4. Appeal and ebrob—when error in reinstating stricken bill without notice may not be complained of. Any error of the trial court, in a suit in equity to dissolve a partnership and procure an accounting, in reinstating without notice to the defendants, the bill, which was stricken from the docket with leave to reinstate, cannot be raised on appeal where the question was not raised in the trial court, and no injustice resulted from the action of the court. 5. Equity, § 574a*—when bill of review defective for lack of parties. A bill for review of a decree in a suit by one partner against other members of the partnership for a" dissolution of the partnership and for an accounting is fatally defective where only some of the defendants are made parties to the bill of review.

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210 Ill. App. 510, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-whitham-illappct-1918.