Legal Opinion

Roughan v. Morris

Appellate Court of Illinois

Decided February 26, 1900Published

Appeal from the Superior Court of Cook County; the Hon. Farlin Q. Ball, Judge, presiding. Heard in this court at the October term, 1899.

1Opinion of the Court

Mr. Presiding Justice Sears

delivered the opinion of the court.

But one question of controlling importance is presented upon this appeal, viz.: whether the suit may be entertained for the purpose indicated when commenced by an insane person by his next friend.

The grounds for the intervention of a court of chancery are here ample, if the suit were brought by a complainant of sound mind and in his own name. The' relation of the parties, the insolvency of defendant, the refusal or failure to account, and the waste alleged, constitute sufficient ground for intervention of a court of equity, if the…

2Cases cited4 opinions

  1. Dodge v. ColeIllinois Supreme Court · 1881
  2. Whetstone v. Whetstone's Ex'rsSupreme Court of Alabama · 1883
  3. Reese v. ReeseSupreme Court of Georgia · 1892
  4. Covington v. NeftzgerIllinois Supreme Court · 1892

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