Weaver v. Poyer
Illinois Supreme Court
Appeal from the Superior Court of Cook county; the Hon. Samuel M. Moore, Judge, presiding. This was a bill in chancery, filed by the appellants, Weaver and Marsh, to enjoin appellee Poyer from proceeding to collect a certain judgment rendered in his favor, against the appellants, on an injunction bond given in a previous suit, wherein appellant Weaver sought to restrain Poyer from collecting a judgment which had been obtained by Poyer against Weaver., without any service on…
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Appeal from the Superior Court of Cook county; the Hon. Samuel M. Moore, Judge, presiding. This was a bill in chancery, filed by the appellants, Weaver and Marsh, to enjoin appellee Poyer from proceeding to collect a certain judgment rendered in his favor, against the appellants, on an injunction bond given in a previous suit, wherein appellant Weaver sought to restrain Poyer from collecting a judgment which had been obtained by Poyer against Weaver., without any service on the latter. In the present case, the injunction was denied, a demurrer sustained to the bill, and the bill dismissed for…
1Opinion of the CourtJustice Sheldon
There is no question about facts here.
The demurrer admits the facts stated in the bill. It is the same state of facts substantially, excepting what relates to the injunction bond and judgment on it, as set up in the former bill of Weaver against Poyer. to enjoin the judgment rendered without service. That bill has been before this court on review of the decision sustaining a demurrer to it, and dismissing it, and the bill was sustained by this court, as entitling Weaver to have that judgment rendered against him without service set aside, as void. We have then the admitted facts, and the…
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