Legal Opinion

Wirzbicky v. Dranicki

Illinois Supreme Court

Decided June 18, 1908PublishedCited by 10 opinions

Appear from the Circuit Court of Cook county; the Hon. Charles M. Walker, Judge, presiding. This is an appeal by Justin K. Wirzbicky from a decree of the circuit' court of Cook county dismissing, for want of equity, a bill filed by him in that court on November 9, 1906, against Albert Dranicki, Charles A.’ Churan, Louis F. Hopkins, and others, appellees, by which he sought to have vacated a certain judgment theretofore recovered against him by Dranicki and later assigned to…

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Appear from the Circuit Court of Cook county; the Hon. Charles M. Walker, Judge, presiding. This is an appeal by Justin K. Wirzbicky from a decree of the circuit' court of Cook county dismissing, for want of equity, a bill filed by him in that court on November 9, 1906, against Albert Dranicki, Charles A.’ Churan, Louis F. Hopkins, and others, appellees, by which he sought to have vacated a certain judgment theretofore recovered against him by Dranicki and later assigned to Churan, and to have canceled and set aside certain conveyances affecting the title to real estate alleged to be owned by…

1Opinion of the CourtJustice Scott

Appellant contended before the master that there had been an entire failure of consideration as to the promissory note for $500 given by him to Dranicki. The master’s finding upon the question of fact so raised was adverse to appellant and has been approved by the chancellor. We have patiently examined the testimony which bears' upon this question. It is in a state of irreconcilable conflict. That is explained, in part, perhaps, by the fact that several of the witnesses were unable to speak the English language and testified through an interpreter. Appellant has not here made it appear that…

2Cases cited3 opinions

  1. Manowsky v. StephanIllinois Supreme Court · 1908
  2. Fitchburg Steam Engine Co. v. PotterIllinois Supreme Court · 1904
  3. Gottschalk v. NoyesIllinois Supreme Court · 1906

3Cited by10 opinions

  1. James C. Wilborn & Sons, Inc. v. HeniffAppellate Court of Illinois · 1968
  2. Norton v. JordanIllinois Supreme Court · 1935
  3. Litwin v. LitwinIllinois Supreme Court · 1940
  4. Nix v. ThackaberryIllinois Supreme Court · 1909
  5. Bentley v. RossIllinois Supreme Court · 1911

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