S. S. Sleeper & Co. v. World's Fair Banquet Hall Co.
Illinois Supreme Court
Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Frank Baker, Judge, presiding. This is a suit in assumpsit, commenced by attachment by appellants against appellees on September 23, 1893. Various motions to quash the attachment were made upon the ground of insufficiency of the affidavit for attachment.
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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. Frank Baker, Judge, presiding. This is a suit in assumpsit, commenced by attachment by appellants against appellees on September 23, 1893. Various motions to quash the attachment were made upon the ground of insufficiency of the affidavit for attachment. Some of these motions were allowed; and, besides the original affidavit for attachment, several amended affidavits were filed. The original declaration was filed on October 3, 1893. An amended declaration was…
1Opinion of the CourtChief Justice Magruder
One ground, upon which it is urged that the declaration was demurrable, is, that the parties are alleged to have contracted for preferred stock; although there is no statement in the declaration as to what preferred stock means. It is contended by counsel for appellees, that it is not in the power of an incorporated company to create preferred stock without a statute upon the subject; and that, as no statute exists in this State authorizing the issue of preferred stock, a contract which provides for its issue cannot be enforced. The case of Higgins v. Lansingh, 154 Ill. 301, is referred to as…
2Cases cited9 opinions
- Higgins v. LansinghIllinois Supreme Court · 1895
- Atchison, Topeka & Santa Fé Railroad v. Board of CommissionersSupreme Court of Kansas · 1893
- Burns v. . WilliamsSupreme Court of North Carolina · 1883
- Robinson v. RiceSupreme Court of Missouri · 1855
- Chicago, Burlington & Quincy Railroad v. MageeIllinois Supreme Court · 1871
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Bryan v. SullivanSupreme Court of Oklahoma · 1916
- Brown v. WilliamsSupreme Court of Oklahoma · 1909
- Browning v. GormanIllinois Supreme Court · 1914
- Chicago & Alton Railroad v. MurphyAppellate Court of Illinois · 1901
- Cardwell v. PayneAppellate Court of Illinois · 1922
1 more not listed; retrieve them via the Exa API.