Morrison Waite

“ On the 27th of December, 1873, David A. Gage and Eliza M., his wife, citizens of Illinois, conveyed to George Taylor, also a citizen of Illinois, a large quantity of real estate in Cook County, Illinois, in trust to secure the city of Chicago, an Illinois municipal corporation, against loss by reason of the indebtedness of Gage as treasurer of the city. ”

“ The original bill and cross-bill constitute one suit. Ayres v. Carver, 17 How. 591; Ex parte Railroad Company, 95 U.S. 221. A cross-bill, too, must grow out of the original suit. It cannot bring in new and distinct matters. It is 'a proceeding to procure a complete determination of a matter already in litigation.' 2 Dan. Ch. Pr. 1549, and note 2.
Ayers was permitted to make himself a party because he claimed to have acquired a lien on the trust property pending the suit. He was allowed to take part in a controversy then existing between Gage and the city. He has no dispute with Gage ”

“ After the appeal was docketed the city moved to dismiss because the order remanding the cause was not one from which an appeal is allowed, and because the order was not on the merits of the cause, nor a final order, judgment, or decree from which an appeal lies. This motion was submitted with the case on its merits.
There is no doubt of our jurisdiction. Sect. ”