{
  "id": 5822591,
  "name": "Frank Johnson et al., Appellants, v. George Whitham, Appellee",
  "name_abbreviation": "Johnson v. Whitham",
  "decision_date": "1918-04-09",
  "docket_number": "Gen. No. 6,514",
  "first_page": "510",
  "last_page": "511",
  "citations": [
    {
      "type": "official",
      "cite": "210 Ill. App. 510"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 230,
    "char_count": 3063,
    "ocr_confidence": 0.567,
    "sha256": "ae1ca0fa2a1457d884cfbbc9b81135822501a07e54b696ddf432db1139030b97",
    "simhash": "1:8b0d8b84d4afcce9",
    "word_count": 523
  },
  "last_updated": "2023-07-14T16:15:15.348169+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Frank Johnson et al., Appellants, v. George Whitham, Appellee."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Niehaus\ndelivered the opinion of the court.\n3. Appeal and error, \u00a7 1213*\u2014what 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.\n4. Appeal and ebrob\u2014when 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.\n5. Equity, \u00a7 574a \u2014when 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.",
        "type": "majority",
        "author": "Mr. Justice Niehaus"
      }
    ],
    "attorneys": [
      "F. A. Ortman and L. M. Shelly, for appellants.",
      "James T. Terry, for appellee."
    ],
    "corrections": "",
    "head_matter": "Frank Johnson et al., Appellants, v. George Whitham, Appellee.\nGen. No. 6,514.\n(Not to he reported in full.)\nAbstract of the Decision.\n1. Equity, \u00a7 554 \u2014what is purpose of hill of review. A bill of review is properly filed to procure an examination and reversal of a decree after its enrollment, and is not a part of the original cause, but an independent proceeding, and is the only proper method by which the court rendering the decree can review it for error after the time for rehearing has expired.\n2. Equity, \u00a7 97*-\u2014who must he made parties. It is a fundamental principle in equity concerning parties that aU persons in whose favor or against whom there might he a recovery, however partial, and also all persons who are so interested, although indirectly, in the subject-matter and relief granted, that their rights or duties might be affected by the decree, although no substantial recovery can be obtained either for or against them, shall be made parties to the suit, and it is not ordinarily a matter of substantial importance whether they are joined as plaintiffs or as defendants.\nAppeal from the Circuit Court of Livingston county; the Hon. George W. Patton, Judge, presiding.\nHeard in this court at the October term, 1917.\nAffirmed.\nOpinion filed April 9, 1918.\nRehearing denied May 14, 1918.\nStatement of the Case.\nBill of review by Frank Johnson and others, members of the Cornell Improvement Association, complainants, against George Whitham, defendant, to review a chancery case in which defendant Whitham, as \u2022 complainant, filed a bill against the complainants and others, as defendants, to dissolve a partnership and to procure an accounting. From a judgment sustaining a demurrer to the bill of review, all the complainants except one appeal.\nF. A. Ortman and L. M. Shelly, for appellants.\nJames T. Terry, for appellee.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number,\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0510-01",
  "first_page_order": 536,
  "last_page_order": 537
}