Craig v. McKinney
Illinois Supreme Court
Appeal from the Circuit Court of Randolph county. This was a bill in chancery, brought by the appellee, against the appellant, for an account and a delivery over of money, property and papers.
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Appeal from the Circuit Court of Randolph county. This was a bill in chancery, brought by the appellee, against the appellant, for an account and a delivery over of money, property and papers. The bill alleges that, on or about the 9th of October, 1866, the complainant executed her power of attorney, making the defendant her attorney in fact, with full power and authority to collect and receive all moneys then due or to become due to the complainant, in the United States; also, to purchase, lease, mortgage, sell and convey real estate in the county of Randolph, in this State, or elsewhere,…
1Opinion of the CourtJustice Sheldon
It is first assigned for error that there is nothing shown in the bill to bring the case within the jurisdiction of a court of equity.
That a court of chancery has jurisdiction in matters of account, can not be questioned; and while it is not every account which will entitle a court of equity to interfere, and that it must be such an account as can'not be taken justly and fairly in a court of law, we can not doubt that, from the difficulty of investigating the accounts here involved, this is a proper case for chancery.
It is next assigned for error, that the court erred in overruling…
2Cases cited3 opinions
- Heartt v. CorningNew York Court of Chancery · 1831
- Moore v. TitmanIllinois Supreme Court · 1864
- Ransom v. Davis's AdministratorsSupreme Court of the United States · 1856
3Cited by6 opinions
- State Ex Rel. Smith v. District Court of Osage CountySupreme Court of Oklahoma · 1941
- Forster v. Brown Hoisting Machinery Co.Illinois Supreme Court · 1914
- Henderson v. FlanaganAppellate Court of Illinois · 1898
- Havill v. DarchAppellate Court of Illinois · 1943
- Roulet v. HoganAppellate Court of Illinois · 1903
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