Edwards v. Haeger
Illinois Supreme Court
Appeal from the Circuit Court of Kane county; the Hon. Henry B. Willis, Judge, presiding. * On a motion entered by the appellee, the circuit court of Kane county rendered a decree that a temporary injunction granted on a bill filed by the appellant be dissolved and that the bill be dismissed. This is an appeal to bring the decree in review in this court.
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Appeal from the Circuit Court of Kane county; the Hon. Henry B. Willis, Judge, presiding. * On a motion entered by the appellee, the circuit court of Kane county rendered a decree that a temporary injunction granted on a bill filed by the appellant be dissolved and that the bill be dismissed. This is an appeal to bring the decree in review in this court. It appeared from the allegations of the bill that in the year 1848 one Thomas Deweese owned a number of town lots in the village of East Dundee and also a tract of land adjoining" said lots on the north; that on certain of the lots was…
1Opinion of the CourtJustice Boggs
A motion to dissolve an injunction may be based upon an alleged want of equity apparent upon the face of the bill, the motion having the efficacy of a demurrer to the bill, or, after the coming in of the answer, upon the state of the case in matter of fact as shown by the allegations of the bill and of the answer and proofs in support of the bill and answer, respectively, or, as in this instance, on both such grounds. When the motion rests on both grounds, the first in proper order for decision is whether the allegations of the bill disclose a state of case warranting the granting by a court…
2Cases cited5 opinions
- Wahle v. ReinbachIllinois Supreme Court · 1875
- Ingals v. PlamondonIllinois Supreme Court · 1874
- Davis v. SpauldingMassachusetts Supreme Judicial Court · 1892
- Owens v. CrossettIllinois Supreme Court · 1883
- Chesley v. KingSupreme Judicial Court of Maine · 1882
3Cited by19 opinions
- Erickson v. Crookston Waterworks, Power & Light Co.Supreme Court of Minnesota · 1907
- Evanik v. JanusAppellate Court of Illinois · 1983
- Martin v. MurphyIllinois Supreme Court · 1906
- Deskins v. RogersSupreme Court of Oklahoma · 1919
- Harry E. McHugh, Inc. v. HaleyNorth Dakota Supreme Court · 1931
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