Legal Opinion

Wahle v. Reinbach

Illinois Supreme Court

Decided January 15, 1875PublishedCited by 37 opinions

Writ op Error to the Circuit Court of Morgan county; the Hon. Cyrus Epler, Judge, presiding. This was a bill in equity, filed by the defendant in error against the plaintiff in error, to restrain the erection of a privy near to the residence and well of the complainant. The court below decreed the relief sought.

1Opinion of the CourtJustice Scholfield

This is a bill in equity, to enjoin a threatened nuisance. The substantial allegations of the bill are, that complainant is the owner and occupant of a certain lot, in the town of Jacksonville, on which is the residence now and for some time, past occupied by himself and family ; that respondent has become the owner of an adjoining lot, on which he is proceeding to construct a privy, within eight feet of complainant’s dwelling house and the cellar thereunder, and within twenty feet of the well of water from which complainant and his family are supplied with water for drinking and cooking and…

2Cases cited1 opinion

  1. Dunning v. City of AuroraIllinois Supreme Court · 1866

3Cited by37 opinions

  1. Nashville, C. & St. L. Ry. Co. v. McConnellU.S. Circuit Court for the District of Middle Tennessee · 1897
  2. Rosehill Cemetery Co. v. City of ChicagoIllinois Supreme Court · 1933
  3. Oehler v. LevyIllinois Supreme Court · 1908
  4. City of Pana v. Central Washed Coal Co.Illinois Supreme Court · 1913
  5. Village of Dwight v. HayesIllinois Supreme Court · 1894

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