Canal Commissioners v. Village of East Peoria
Appellate Court of Illinois
Injunction.—Appeal from the Circuit Court of Tazewell County; the Hon. Leslie D. Puterbaugh, Judge, presiding. Statement of the Case.
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Injunction.—Appeal from the Circuit Court of Tazewell County; the Hon. Leslie D. Puterbaugh, Judge, presiding. Statement of the Case. The complainants in the court below, on May 18, 1887, filed in that court the bill in this case, which was amended September 25, 1897, and in substance is as follows : The complainants are the canal commissioners of the Illinois and Michigan canal, consisting of Clarence E. Snively, president, Howard Hilton, secretary, and F. M. Eyon, treasurer. That they are legally and duly appointed and qualified and are now acting as public officers of the State of Illinois…
1Opinion of the CourtJustice Burroughs
The appellant presented to the court below its bill of complaint praying among other things for a temporary injunction against the appellee, and upon that court denying the temporary injunction and dismissing the bill for want of equity appearing on the face thereof, the appellant brings the cause to this court, and urges as grounds for reversal that the court below erred in dismissing the bill without a hearing on the merits, and that as the bill with its amendment and affidavits disclosed a good cause for an injunction as prayed for, and the cross-motion to dismiss same, like a demurrer,…
2Cases cited4 opinions
- Winkler v. WinklerIllinois Supreme Court · 1866
- Puterbaugh v. ElliottIllinois Supreme Court · 1859
- Hotz v. HoytIllinois Supreme Court · 1890
- March v. MayersIllinois Supreme Court · 1877