Legal Opinion

Williams v. Lindblom

Illinois Supreme Court

Decided November 9, 1896PublishedCited by 7 opinions

Writ of Error, to the Appellate Court for the First District;—heard in that court on writ of error to the Superior Court of Cook county; the Hon. Philip Stein, Judge, presiding. This cause originated in the Superior Court of Cook county upon a bill by plaintiff in error, against defendants in error and Nelson Van Kirk and N. G. Miller, to settle a partnership alleged to have theretofore existed between the parties and dissolved by mutual consent.

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Writ of Error, to the Appellate Court for the First District;—heard in that court on writ of error to the Superior Court of Cook county; the Hon. Philip Stein, Judge, presiding. This cause originated in the Superior Court of Cook county upon a bill by plaintiff in error, against defendants in error and Nelson Van Kirk and N. G. Miller, to settle a partnership alleged to have theretofore existed between the parties and dissolved by mutual consent. The bill prays for the appointment of a receiver and that an account between the partners be stated. It makes no attempt to state the condition of…

1Opinion of the CourtJustice Wilkin

It is insisted that the Appellate Court refused to consider the cause upon its merits because of the insufficiency, as it held, of the exceptions to the master’s report. The record proper of that court does not sustain the contention. While it does appear from the opinion that the merits of the cause were not gone into there, we are not at liberty to so treat the cause, it having been frequently held by this court that the opinion of the Appellate Court is no proper part of its record; and so we must say, as we said in the late case of Minchrod v. Ullmann, (ante, p. 25,) where a like…

2Cases cited4 opinions

  1. Lehman v. RothbarthIllinois Supreme Court · 1896
  2. Patterson v. JohnsonIllinois Supreme Court · 1885
  3. Remsen v. RemsenNew York Court of Chancery · 1817
  4. Ford v. David M. Ford Manufacturing Co.Illinois Supreme Court · 1874

3Cited by7 opinions

  1. Chicago Title & Trust Co. v. Central Trust Co.Illinois Supreme Court · 1924
  2. Hurst v. PapierzAppellate Court of Illinois · 1973
  3. Leppaluoto v. EgglestonWashington Supreme Court · 1960
  4. Shell Oil Co. v. DyeCourt of Appeals for the Seventh Circuit · 1943
  5. Bartholomae & Roesing Brewing & Malting Co. v. SchroederAppellate Court of Illinois · 1897

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