Sanche v. Mahler
Illinois Supreme Court
Writ or Error to the Branch Appellate Court for the First District;—heard in that court on writ of error to the Circuit Court of Cook county; the Hon. R. S. TuThill, Judge, presiding.
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Writ or Error to the Branch Appellate Court for the First District;—heard in that court on writ of error to the Circuit Court of Cook county; the Hon. R. S. TuThill, Judge, presiding. The Appellate Court, in disposing of this case, made the following statement of facts, which we think fairly presents the issues as disclosed by the record, and therefore adopt the same as our statement of the case: “Defendant in error filed his bill of complaint averring, in substance, that he had at great expense devised a certain clinical instrument which he called ‘Oxydonor/ claimed to be useful in the…
1Opinion of the CourtJustice Ricks
Defendants in error have raised the question of jurisdiction of this court to consider the cause upon its merits, for the reason that the judgment of the Appellate Court is not a final judgment.
The decree of the trial court consisted of two parts, namely, awarding a perpetual injunction and providing for an accounting. The Appellate Court sustained the injunction, but held the accounting in abeyance until, on further investigation, it should be made to appear that in commencing this suit plaintiff in error has not been guilty of laches, and reversing the decree and remanding the cause with…
2Cases cited3 opinions
- Blackaby v. BlackabyIllinois Supreme Court · 1901
- Blackaby v. BlackabyIllinois Supreme Court · 1900
- Hagemann v. HagemannIllinois Supreme Court · 1900
3Cited by2 opinions
- Olson v. Chicago Transit AuthorityIllinois Supreme Court · 1953
- Mahler v. SancheIllinois Supreme Court · 1906