Legal Opinion

Dempster v. Lansingh

Illinois Supreme Court

Decided April 23, 1908PublishedCited by 10 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. E. F. Dunne, Judge, presiding. By the original bill filed in this case the ownership of 455 shares of stock in the Rosehill Cemetery Company is sought to be determined. This company was organized in' 1859 and its property is located 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. E. F. Dunne, Judge, presiding. By the original bill filed in this case the ownership of 455 shares of stock in the Rosehill Cemetery Company is sought to be determined. This company was organized in' 1859 and its property is located in Cook county. For a detailed history of previous litigation which has arisen between various parties concerning the company and the ownership of stock therein we refer to the statement made by this court in the case of Higgins v.…

1Opinion of the Court

Per Curiam :

It is contended by appellant that it was improper for the court to hear suggestions of damages until the cause was before the court on final hearing and until it was determined whether the relief sought should be granted. In support of this position Terry v. Hamilton Primary School, 72 Ill. 476, is-cited and relied ón. That case is not like the one at bar. There the sole object of the proceeding was to obtain a perpetual injunction, and a temporary injunction was granted to protect the interests of the parties until the cause could be heard on the bill and answer. Here the bill…

2Cases cited4 opinions

  1. Lambert v. AlcornIllinois Supreme Court · 1893
  2. Darst v. GaleIllinois Supreme Court · 1876
  3. Jevne & Almini v. OsgoodIllinois Supreme Court · 1870
  4. Terry v. Trustees of Hamilton Primary SchoolIllinois Supreme Court · 1874

3Cited by10 opinions

  1. Scherzer v. KellerIllinois Supreme Court · 1926
  2. Leonard v. PearceAppellate Court of Illinois · 1933
  3. Lansingh v. DempsterIllinois Supreme Court · 1912
  4. Dempster v. LansinghAppellate Court of Illinois · 1911
  5. H. A. Hillmer Co. v. BehrAppellate Court of Illinois · 1915

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