Legal Opinion

Griggs v. Gear

Illinois Supreme Court

Decided December 15, 1845PublishedCited by 6 opinions

Bill in Chancery to review and reverse a former decree, &c., in the Jo Daviess Circuit Court, filed by the appellants against the appellee. There was a demurrer to the bill, and at the March term 1845, the Hon. Thomas C. Browne presiding, the demurrer was sustained and the bill dismissed at the costs of the complainants, who appealed to this Court. The material portions of the bill appear in the Opinion of the Court.

1Opinion of the Court

The Opinion of the Court was delivered by

Caton, J.

In the first place, it is necessary to ascertain the nature and character of this bill, in order to understand by what principles we shall be governed in the determination of the several questions which have been raised by the defendant in support of his demurrer. It is insisted by him that it is purely a bill of review, and must be governed by the rules which are applicable to such bills, while it is insisted by the complainants that although they have in some parts of the proceedings called it a bill of review, yet it is not so, strictly,…

2Cited by6 opinions

  1. Ricker v. PowellSupreme Court of the United States · 1879
  2. Adamski v. WieczorekAppellate Court of Illinois · 1901
  3. Stasel v. American Home Security Corp.Appellate Court of Illinois · 1935
  4. Garlick v. Mutual Loan & Building Ass'nAppellate Court of Illinois · 1914
  5. MacArthur v. MacArthurAppellate Court of Illinois · 1929

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