Legal Opinion

Clark v. Burke

Illinois Supreme Court

Decided November 9, 1896PublishedCited by 23 opinions

Appeal from the Appellate Court for the First District;—heard in that court on appeal from the County Court of Cook county; the Hon. O. N. Carter, Judge, presiding. On the 18th day of July, 1894, the Southern Hotel Company, a corporation operating the Southern Hotel in Chicago, filed in the county court of Cook county its voluntary assignment, naming one Davis as assignee.

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Appeal from the Appellate Court for the First District;—heard in that court on appeal from the County Court of Cook county; the Hon. O. N. Carter, Judge, presiding. On the 18th day of July, 1894, the Southern Hotel Company, a corporation operating the Southern Hotel in Chicago, filed in the county court of Cook county its voluntary assignment, naming one Davis as assignee. On the 24th of that month Davis resigned, and appellant, Wallace C. Clark, was appointed by the court as his successor. A number of claims were filed and allowed against the estate, and on December 10, 1894, appellees filed…

1Opinion of the CourtJustice Wilkin

It is insisted that the county court was without jurisdiction to.adjudge the assignee guilty of contempt and impose the punishment inflicted upon him. It is well settled that courts having jurisdiction of the subject matter and over the persons of parties may lawfully enforce obedience to their orders by proceeding against them as for contempt. In such case the proceeding is not a criminal one, as in case of punishment for contempt committed in the presence of the court or for contempt of its process, but is a civil proceeding for the benefit of those interested in the enforcement of the…

2Cases cited2 opinions

  1. Freydendall v. BaldwinIllinois Supreme Court · 1882
  2. Leopold v. PeopleIllinois Supreme Court · 1892

3Cited by23 opinions

  1. O'Brien v. People ex rel. Kellogg Switchboard & Supply Co.Illinois Supreme Court · 1905
  2. State Ex Rel. Everette v. PettewaySupreme Court of Florida · 1938
  3. In Re BrambiniCalifornia Supreme Court · 1924
  4. Flannery v. PeopleIllinois Supreme Court · 1906
  5. In Re PeartCalifornia Court of Appeal · 1935

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