Legal Opinion

Moore v. Jenks

Illinois Supreme Court

Decided April 21, 1898PublishedCited by 7 opinions

Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Abner Smith, Judge, presiding. This is a bill, filed May 10, 1894, by Adele E. Flint against Jennie F. Winn and others, to foreclose a trust deed, executed by Jennie F. Winn to John J. Knickerbocker, trustee, to secure a note for §10,000.00 upon lots 6,7 and 8 in block 14 in Egandale in Cook county.

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Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Abner Smith, Judge, presiding. This is a bill, filed May 10, 1894, by Adele E. Flint against Jennie F. Winn and others, to foreclose a trust deed, executed by Jennie F. Winn to John J. Knickerbocker, trustee, to secure a note for §10,000.00 upon lots 6,7 and 8 in block 14 in Egandale in Cook county. Certain persons, holding trust deeds and judgments subsequent and subject to the trust deed owned by Adele E. Flint, were made defendants to the foreclosure bill.…

1Opinion of the CourtJustice Magruder

First—The appellee makes a motion in this court to dismiss the appeal of the appellant from the judgment of the Appellate Court. The reason, urged in support of this motion, is, that the appellant admitted in his answer to the cross-bill, that whatever interest he had in the certificate of sale, issued upon the execution sale, had been assigned to other parties, and that, by reason of such assignment, he had no interest in the premises described in the pleadings. In support of this contention, the well known rule is invoked, that a party cannot assign as error that which does not affect him…

2Cases cited3 opinions

  1. Norris v. IleIllinois Supreme Court · 1894
  2. Press v. WoodleyIllinois Supreme Court · 1896
  3. Millard v. TruaxMichigan Supreme Court · 1883

3Cited by7 opinions

  1. Howard v. FisherSupreme Court of Colorado · 1929
  2. Robertson v. BachmannIllinois Supreme Court · 1933
  3. Leonard v. BelangerNevada Supreme Court · 1950
  4. Cranmer v. HowardSouth Dakota Supreme Court · 1921
  5. Kemper v. WeberIllinois Supreme Court · 1925

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