Gerard v. Gateau
Appellate Court of Illinois
Error to the Circuit Court of Cook county; the Hon. Thomas A. Moran, Judge, presiding. This was a decree in chancery, for damages assessed in pursuance of the statute, upon the dissolution of an injunction.
Read the full summary
Error to the Circuit Court of Cook county; the Hon. Thomas A. Moran, Judge, presiding. This was a decree in chancery, for damages assessed in pursuance of the statute, upon the dissolution of an injunction. It appears that on the first day of January, 1872, the complainant, John B. Gerard, and the defendant, Antoine Gateau, entered into a copartnership, for the purpose of manufacturing and selling zinc roofing, cornices, architectural ornaments, etc., such copartnership to continue for the term often years, the complainant to contribute $12,000 to its capital, and the defendant to contribute…
1Opinion of the CourtBailey, J.
The point is raised that the circuit court, at the time the damages were assessed, had no jurisdiction to make the assessment, because, 1, the suit had been disposed of by a final decree before the suggestion of damages was filed; and, 2, because, by the appeal, the suit was removed to the Supreme Court, and the jurisdiction of the circuit court superseded, and there was no remanding order restoring jurisdiction to that court.
It is not clearly shown when the suggestion of damages was first filed, as the original paper seems to have been lost, but enough appears to warrant the presumption that…
2Cases cited9 opinions
- Blair v. ReadingIllinois Supreme Court · 1881
- Jevne & Almini v. OsgoodIllinois Supreme Court · 1870
- Elder v. SabinIllinois Supreme Court · 1872
- Hovey v. . the Rubber-Tip Pencil Co.New York Court of Appeals · 1872
- Langworthy v. McKelveySupreme Court of Iowa · 1868
4 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Landis v. WolfIllinois Supreme Court · 1903
- Schneider v. DeckerSupreme Court of Oklahoma · 1930
- Wilson v. CaughlinCourt of Appeals of Kentucky · 1920
- Missouri Pacific Railway Co. v. FlanniganAppellate Court of Illinois · 1893
- Courtney v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Supreme Court of Minnesota · 1907
8 more not listed; retrieve them via the Exa API.