Legal Opinion

Seymour v. Berg

Illinois Supreme Court

Decided April 18, 1907PublishedCited by 8 opinions

Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Superior Court of Cook county; the Hon. M. Kavanagh, Judge, presiding.. This is an appeal from the judgment of the Appellate Court for the First District affirming a decree of the superior court of Cook county rendered in that court in favor of Gertie Berg and against William Seymour.

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Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Superior Court of Cook county; the Hon. M. Kavanagh, Judge, presiding.. This is an appeal from the judgment of the Appellate Court for the First District affirming a decree of the superior court of Cook county rendered in that court in favor of Gertie Berg and against William Seymour. The original and amended bills of appellee were filed for the purpose of foreclosing an alleged lien which she claimed as a laborer or servant of the Virginia Livery Company. The claim of appellee is based on the act…

1Opinion of the CourtJustice Vickers

The decree in this case is clearly erroneous and must be reversed. Without discussing the question whether the judgment of appellee against the Virginia Livery Company was conclusive, as against appellant, as to the nature of appellee’s claim, in the view we take of this case appellee was not entitled, as against appellant, who was a purchaser in good faith at a mortgage sale, to any preference under the statute relied on. This statute was originally enacted in June, 1887, and it provided that, under the circumstances stated in the statute, “debts owing to laborers or servants, which have…

2Cases cited10 opinions

  1. Reynolds v. BlackSupreme Court of Iowa · 1894
  2. Jack v. WeiennettIllinois Supreme Court · 1885
  3. Bell v. HinerIndiana Court of Appeals · 1896
  4. Bass v. DoermanIndiana Supreme Court · 1887
  5. Buck v. PaineMississippi Supreme Court · 1874

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3Cited by8 opinions

  1. Elsner v. United American Utilities, Inc.Court of Chancery of Delaware · 1935
  2. Estate of Sletto v. AarnessWisconsin Supreme Court · 1937
  3. Pryor v. Pryors, PrintersArizona Supreme Court · 1941
  4. Sheehan ex rel. Best v. Union Stock Yard & Transit Co.Appellate Court of Illinois · 1912
  5. Central Savings Bank v. NewtonSupreme Court of Colorado · 1915

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