William Burnham Woods

“ Life Ins. Co. v. Union Rolling-mill Co. is an appeal from the same decree affirmed in the preceding case. The insurance company, by leave, filed an intervening petition, claiming to be the owner of 45 of the bonds secured by the trust deed to George Straut. It has never proved its possession or ownership of any of said bonds, either before the master or the court. If it had it would be in the same position as any other holder of said bonds, all of whom, so far as the questions raised by this appeal are concerned, were represented by Dumont, the complainant in the original bill. ”

“ It is true that where a laborer or material-man receives security collateral to the property improved, whether the security be personal or a mortgage on or a pledge of other property or chose in action, the law presumes that it was intended to waive or release the lien upon the premises. ”

“ The appellants contend that Dumont, the original complainant, had the right at any stage of the case to dismiss his bill, and that its dismissal would carry with it the cross-bill, and that having made the motion to dismiss, which was erroneously overruled, all the subsequent proceedings and decrees are erroneous. It may be conceded that when an original bill is dismissed before final hearing a cross-bill filed by a defendant falls with it. It may also be conceded that, as a general rule, a complainant in an original bill has the right, at any time upon payment of costs, to dismiss his bill. ”

“ Such an application of it would be unjust, inequitable, and unreasonable. The law has never been so applied by the courts of Illinois.
We find no error in the proceedings and decrees of the circuit court. They are therefore affirmed. ”