Legal Opinion

Gottschalk v. Lembke

Appellate Court of Illinois

Decided December 12, 1895PublishedCited by 1 opinion

In Equity.—Bill for an injunction to set aside an order dismissing an appeal. Appeal from the Circuit Court of Cook County; the Hon. Oliver H. Horton, Judge, presiding.

1Opinion of the Court

Mr. Presiding Justice Gary

delivered the opinion of the Court.

This is another instance of intolerable hardship resulting from the practice which we deprecated in Chicago Title & Trust Co. v. Chicago & Nor. Pac., 58 Ill. App. 388.

The bill filed by the appellant, with the amendment thereto, presents this case in substance, though perhaps not with technical accuracy.

The appellant owed the appellee nothing; yet the appellee obtained a judgment for $200 against the appellant before a justice. The appellant appealed to the Circuit Court, and the appeal was there pending. On the 22d day of May, 1894,…

2Cases cited5 opinions

  1. Chapman v. HurdIllinois Supreme Court · 1873
  2. Cooper v. TylerIllinois Supreme Court · 1868
  3. Seymour v. MillerSupreme Court of Connecticut · 1865
  4. Chicago Title & Trust Co. v. Chicago & Northern Pacific RailroadAppellate Court of Illinois · 1895
  5. Edwards v. SamsAppellate Court of Illinois · 1878

3Cited by1 opinion

  1. Prussian National Ins. Co. v. ChichockyAppellate Court of Illinois · 1901

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API