Garrick v. Chamberlain
Illinois Supreme Court
Appeal from the Appellate Court for the First District. Upon the rendering of a decision in this case at a former term of this court, the appellee filed a petition for a rehearing, which was fully considered, and denied. Now a second petition for a rehearing is filed by the same party. The appellants move that it be stricken from the files.
1Opinion of the Court
Scott, J.:
There is nothing in the rules, or in any practice that has ever prevailed in this court, that would authorize a second petition by the same paity for a rehearing. A majority of the court are therefore of opinion that the motion made to strike what purports to be a second petition for a rehearing from the files, should be allowed, and it is accordingly done.
Petition stricken from the files.
Dickey, Ch. J.: I do not concur in the opinion of the majority of the court.
2Cited by5 opinions
- Merchants' National Bank v. GrunthalSupreme Court of Florida · 1897
- Brandon v. WestNevada Supreme Court · 1906
- Moore v. . HarkinsSupreme Court of North Carolina · 1920
- Smith v. DennisonIllinois Supreme Court · 1882
- Marion Light & Heating Co. v. VermillionIndiana Court of Appeals · 1912