Legal Opinion

Labadie v. Hewitt

Illinois Supreme Court

Decided June 15, 1877PublishedCited by 20 opinions

Appeal from the Circuit Court of St. Clair county; the Hon. William H. Snyder, Judge, presiding. This was a bill in chancery, by William C. Hewitt against James F. Labadie and others, heirs of Peter Labadie, deceased, for the partition of two town lots. The defendants demurred to the bill. A decree was rendered granting the relief prayed.

1Opinion of the CourtJustice Walker

It has been repeatedly held, that when the General Assembly gives a new remedy, by petition, under the statute, it in nowise affects the jurisdiction of the court of chancery; that the new remedy is cumulative; that the court of chancery may

proceed under its original jurisdiction as though the cumulative remedy had not been given, unless limited or restricted by statute. The court of chancery has entertained and exercised jurisdiction in cases of partition from quite an ancient period. Courts of law were also invested with jurisdiction to adjudge and make partition, even before it became a…

2Cases cited3 opinions

  1. Henrichsen v. HodgenIllinois Supreme Court · 1873
  2. Kester v. StarkIllinois Supreme Court · 1857
  3. Gregory v. GoverIllinois Supreme Court · 1858

3Cited by20 opinions

  1. Jay-Bee Realty Corp. v. Agricultural InsuranceAppellate Court of Illinois · 1943
  2. Wilson v. Illinois Trust & Savings BankIllinois Supreme Court · 1897
  3. Chicago Theological Seminary v. GageIllinois Supreme Court · 1882
  4. Pierce v. PierceIllinois Supreme Court · 1954
  5. Wachter v. DoerrIllinois Supreme Court · 1904

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