Callister v. Kochersperger
Illinois Supreme Court
Appeal from the Circuit Court of Cook county; the Hon. Elbridge Hanecy, Judge, presiding. This is an appeal from a decree entered in the circuit court of Cook county sustaining a general demurrer to a bill in chancery filed by appellants against the appellees, and dismissing the bill at the cost of the appellants.
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Appeal from the Circuit Court of Cook county; the Hon. Elbridge Hanecy, Judge, presiding. This is an appeal from a decree entered in the circuit court of Cook county sustaining a general demurrer to a bill in chancery filed by appellants against the appellees, and dismissing the bill at the cost of the appellants. The allegations of the bill were in substance as follows: That complainants were, on and prior to July 2, 1894, and ever since have been and are now, the owners, respectively, of certain described lots “situated in the city of Chicago; that said lots 13, 14, 22, 23 and 24 are…
1Opinion of the CourtJustice Boggs
Courts of equity will interfere to restrain any substantial departure from the terms of an ordinance in the performance of work thereunder, if applied to in apt time, while the work is in progress. If the work as performed by the contractor is accepted by the city and the contractor settled with and paid, as is the case here, the remedy to be invoked by the property holder, if the work is not done in substantial compliance with the provisions of the ordinance, is the writ of mandamus to compel the city authorities to complete the work as contemplated by the ordinance. (Fisher v. People, 157…
2Cases cited1 opinion
- Fisher v. People ex rel. KernIllinois Supreme Court · 1895
3Cited by11 opinions
- City of Chickasha v. O'BrienSupreme Court of Oklahoma · 1915
- Duniway v. PortlandOregon Supreme Court · 1905
- White v. City of OttawaIllinois Supreme Court · 1925
- Gage v. SpringerIllinois Supreme Court · 1904
- Heinroth v. KocherspergerIllinois Supreme Court · 1898
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