Field v. Village of Western Springs
Illinois Supreme Court
Appeal from the Circuit Court of Cook county; 'the Hon. Abner Smith, Judge, presiding. This is a suit for an injunction, filed July 13, 1898, by complainant, a tax-payer and owner of real estate in,the village of Western Springs, Cook county, Illinois, 'to restrain said village from carrying out the provisions of a certain ordinance passed by it on May 24, 1898, for the construction of a cement sidewalk in front of certain blocks situated in said village, upon the ground…
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Appeal from the Circuit Court of Cook county; 'the Hon. Abner Smith, Judge, presiding. This is a suit for an injunction, filed July 13, 1898, by complainant, a tax-payer and owner of real estate in,the village of Western Springs, Cook county, Illinois, 'to restrain said village from carrying out the provisions of a certain ordinance passed by it on May 24, 1898, for the construction of a cement sidewalk in front of certain blocks situated in said village, upon the ground that the ordinance was unreasonable and oppressive, and therefore void. The ordinance in question was based upon the…
1Opinion of the CourtJustice Phillips
It has been held by this court that where a bill for injunction, only, is before the court, and a temporary injunction has been granted, a motion to dissolve the injunction for want of equity has the same effect as a demurrer to the bill, and the court, on sustaining the motion to dissolve the injunction, may properly dismiss the bill, and is not required to retain the same for hearing of pleadings and proofs. (Titus v. Mabee, 25 Ill. 257; Weaver v. Poyer, 70 id. 567; Prout v. Lomer, 79 id. 331; Live Stock Commission Co. v. Live Stock Exchange, 143 id. 210.) On principle, the same rule would…
2Cases cited4 opinions
- White v. People ex rel. City of BloomingtonIllinois Supreme Court · 1880
- Titus v. MabeeIllinois Supreme Court · 1861
- Hawes v.City of ChicagoIllinois Supreme Court · 1895
- McChesney v. City of ChicagoIllinois Supreme Court · 1898
3Cited by13 opinions
- State v. . R. R.Supreme Court of North Carolina · 1907
- State v. Southern Railway Co.Supreme Court of North Carolina · 1907
- Northwestern University v. Village of WilmetteIllinois Supreme Court · 1907
- Swan v. City of IndianolaSupreme Court of Iowa · 1909
- Peoria Railway Co. v. Peoria Railway Terminal Co.Illinois Supreme Court · 1911
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