Legal Opinion

Mechanics National Bank v. Colehour

Appellate Court of Illinois

Decided June 2, 1892PublishedCited by 1 opinion

Appeal from the Superior Court of Cook County; the lion. Henry M. Shepahd, Judge, presiding.

1Opinion of the CourtGary, J.

All the facts upon which, this controversy depends are to be found stated in Culver v. Colehour, 115 Ill. 558, and Culver v. Phelps, 130 Ill. 217.

The bank has now filed a bill asking “ that said judgment, execution, levy, sale and satisfaction of said judgment may be set aside ” and “ the bank ” allowed to proceed in said suit, and that a pluries summons may issue in said suit against the Colehours, etc., and for general relief.

A court of chancery has no jurisdiction to direct a court of law what it shall do. It can act only upon the party and. then generally only by way of prevention. If a…

2Cases cited5 opinions

  1. Wilday v. McConnelIllinois Supreme Court · 1872
  2. Jenkins v. MerriweatherIllinois Supreme Court · 1884
  3. Seward v. CeaseIllinois Supreme Court · 1869
  4. Culver v. ColehourIllinois Supreme Court · 1886
  5. Culver v. PhelpsIllinois Supreme Court · 1889

3Cited by1 opinion

  1. West Chicago St. R. R. v. StoltzenfeldtAppellate Court of Illinois · 1902

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