Legal Opinion

Fahrig v. Milwaukee & Chicago Breweries, Ltd.

Appellate Court of Illinois

Decided April 12, 1904No. Gen. No. 11,043PublishedCited by 6 opinions

Proceeding by stockholder against corporation for accounting and other relief. Error to the Circuit Court of Cook County; the Hon. Frank Baker, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1903.

1Opinion of the CourtJustice Stein

Plaintiff and defendants in error join in requesting the court to refrain from deciding the demurrer to the bill. We shall therefore assume that it presents a proper case for the interposition of a court of equity.

From the nature of the bill and especially from its prayer it is manifest—and plaintiff in error admits—that the English Company is a necessary party to it and that no relief can be granted unless the company be before the court either in person or by property upon which the decree of the court can operate. Whatever decree the court may render must be binding upon that company by…

2Cases cited6 opinions

  1. Boswell's Lessee v. OtisSupreme Court of the United States · 1850
  2. Bickerdike v. AllenIllinois Supreme Court · 1895
  3. N. K. Fairbank & Co. v. Cincinnati, N. O. & T. P. Ry. Co.Court of Appeals for the Seventh Circuit · 1892
  4. Cloyd v. TrotterIllinois Supreme Court · 1886
  5. Equitable Produce & Stock Exchange v. KeyesAppellate Court of Illinois · 1896

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3Cited by6 opinions

  1. Hook v. HoffmanArizona Supreme Court · 1915
  2. Le Roy Sargent & Co. v. McHargSouth Dakota Supreme Court · 1919
  3. Turner v. Pierson Hollowell Walnut Co.Appellate Court of Illinois · 1931
  4. In re the Estate of MillerSupreme Court of Kansas · 1913
  5. Silberman v. SilbermanOhio Court of Appeals · 1954

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