Canal Commissioners v. Village of East Peoria
Illinois Supreme Court
Appeal from the Appellate Court for the Third District;—heard in that court on appeal from the Circuit Court of Tazewell county; the Hon. Leslie D. Puterbaugh, Judge, presiding. This was a bill in chancery filed by the Canal Commissioners of Illinois, in their official capacity, in the circuit court of Tazewell county, on May 18, 1898, against the village of East Peoria, a municipal corporation located in Tazewell county, Illinois.
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Appeal from the Appellate Court for the Third District;—heard in that court on appeal from the Circuit Court of Tazewell county; the Hon. Leslie D. Puterbaugh, Judge, presiding. This was a bill in chancery filed by the Canal Commissioners of Illinois, in their official capacity, in the circuit court of Tazewell county, on May 18, 1898, against the village of East Peoria, a municipal corporation located in Tazewell county, Illinois. The bill was amended September 27,1897, and alleges, in substance, as follows: That the complainants are the canal commissioners of the Illinois and Michigan…
1Opinion of the CourtJustice Craig
The record shows the cause came on to "be heard upon the bill with its amendments, the answer and its amendments, and the replication, for a temporary injunction, and a cross-motion by the defendant to dismiss for want of equity appearing on the face of the bill. There was nothing before the court but the bill, answer and replication, and it is a well settled doctrine in chancery that if it appears on the face of the bill there is no equity in it, and no sufficient grounds are disclosed therein why a court of equity should interfere, the bill will be dismissed. (Edwards v. Beaird, Breese, 70;…
2Cases cited12 opinions
- Bartlet v. KingMassachusetts Supreme Judicial Court · 1815
- Devine v. Board of CommissionersIllinois Supreme Court · 1877
- Culver v. Third National BankIllinois Supreme Court · 1872
- Boarad of Trustees v. City of ChicagoIllinois Supreme Court · 1853
- Village of Hyde Park v. SpencerIllinois Supreme Court · 1886
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3Cited by6 opinions
- Schuler v. Board of Education of Oak Park & River Forest Township High School District No. 200Illinois Supreme Court · 1938
- Village of Broadview v. DianishIllinois Supreme Court · 1929
- Foston v. SwansonIllinois Supreme Court · 1923
- Hickey v. Spring Creek Drainage DistrictIllinois Supreme Court · 1934
- Marteeny v. LouthAppellate Court of Illinois · 1915
1 more not listed; retrieve them via the Exa API.