Schmidt v. Braley
Illinois Supreme Court
Appeal from the Superior Court of Cook county; the Hon. George Gardner, Judge, presiding. On the 22d of June, 1882, Frank G. Braley, the appelee, exhibited his bill in the Superior Court of Cook county, against Frederick Kirchoff, Henry Schaller, and Henry L. Schmidt, praying that a certain deed absolute in form, executed by himself and wife on the 24th day of January, 1879, to Kirchoff and Schaller, for a certain'lot and premises in the city of Chicago, be declared a…
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Appeal from the Superior Court of Cook county; the Hon. George Gardner, Judge, presiding. On the 22d of June, 1882, Frank G. Braley, the appelee, exhibited his bill in the Superior Court of Cook county, against Frederick Kirchoff, Henry Schaller, and Henry L. Schmidt, praying that a certain deed absolute in form, executed by himself and wife on the 24th day of January, 1879, to Kirchoff and Schaller, for a certain'lot and premises in the city of Chicago, be declared a mortgage, and that complainant be permitted to redeem therefrom upon the terms and conditions specified in a written agreement…
1Opinion of the CourtJustice Mulkey
It is in effect conceded that the decree, upon the pleadings as they now stand, is correct; but the contention of appellants is, that the court erred in overruling appellants’ motion to set aside the interlocutory decree, and in not permitting them to file a new answer, and that the decree, for these reasons, should be reversed. The application in question was a matter addressed to the sound discretion of the court, and this court will not interpose unless it is able to say there was an abuse of that discretion. That we can not do. The affidavits offered in support of the motion do not…
2Cited by6 opinions
- Byrne v. ClarkAppellate Court of Illinois · 1889
- Lange v. HeyerIllinois Supreme Court · 1902
- Bessey v. RuhlandAppellate Court of Illinois · 1889
- Wilson v. NilsonAppellate Court of Illinois · 1892
- Redner v. DavernAppellate Court of Illinois · 1891
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