Orvis v. Cole
Appellate Court of Illinois
Error to the Circuit Court of McHenry county; the Hon. Charles Kellum, Judge, presiding. This bill in equity was filed by the plaintiff in error, the wife of Samuel 1. Orvis, against the appellees, praying for an injunction and for general and special relief.
Read the full summary
Error to the Circuit Court of McHenry county; the Hon. Charles Kellum, Judge, presiding. This bill in equity was filed by the plaintiff in error, the wife of Samuel 1. Orvis, against the appellees, praying for an injunction and for general and special relief. Briefly stated, the allegations of the bill are, that appellant was the owner by inheritance from her father, of the south 113 acres of a certain quarter section of land, and that she became the purchaser with her own means, of the north 49 acres of the same quarter, but the deed therefor was taken to herself and said Samuel, her…
1Opinion of the CourtPillsbury, J.
It is now insisted by the appellee, Cole, that the orders re-instating said cause, entered both in vacation and in term time, were void, for the reason that the term had passed at which it had been dismissed for want of prosecution.
That many of the orders and proceedings had in this case were irregular can not well be doubted, but it is quite clear that the appellee is not in a position to avail himself of any error or irregularity of the court in this regard.
The defendant, after the cause was re-instated in term time, and without any objection to such action of the court, applied for and…
2Cases cited3 opinions
- Herrington v. McCollumIllinois Supreme Court · 1874
- Vasey v. Board of TrusteesIllinois Supreme Court · 1871
- McCarthy v. NeuIllinois Supreme Court · 1878
3Cited by2 opinions
- O'REILLY v. GerberAppellate Court of Illinois · 1981
- O'REILLY v. GerberAppellate Court of Illinois · 1981