Green v. Goff
Illinois Supreme Court
Writ, of Error to the Appellate Court for the Second District;—heard in that court on writ of error to the Circuit Court of McHenry county; the Hon. Charles Kellum, Judge, presiding.
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Writ, of Error to the Appellate Court for the Second District;—heard in that court on writ of error to the Circuit Court of McHenry county; the Hon. Charles Kellum, Judge, presiding. Upon writ of error herein to the Appellate Court for the Second District, the decree of the circuit court of McHenry county was affirmed and the following opinion filed: Cartwright, J.: “Robert Green, plaintiff in error, filed a bill to restrain W. W. Goff, defendant in error, from erecting gates or bars upon or otherwise obstructing a right of way owned by plaintiff in error. A preliminary injunction was…
1Opinion of the CourtJustice Baker
A motion is made to dismiss this writ of error for want of jurisdiction, upon the ground that it does not appear from the record that a freehold is involved in the case. A freehold is not directly involved therein, and therefore the jurisdiction of this court cannot attach on that ground. (Zinc Co. v. City of LaSalle, 117 Ill. 411.) nevertheless, the motion to dismiss is not well made. The case is within the residuary clause of section 8 of the Appellate Courts act, which gives the right of appeal to and the right of a writ of error from this court in the matter of the final judgments, orders…
2Cases cited3 opinions
- Matthiessen & Hegeler Zinc Co. v. City of La SalleIllinois Supreme Court · 1886
- Baber v. Pittsburg, Cincinnati & St. Louis RailroadIllinois Supreme Court · 1879
- Green v. GoffAppellate Court of Illinois · 1892
3Cited by13 opinions
- Seymour v. Harris Trust & Sav. Bank of ChicagoAppellate Court of Illinois · 1994
- Boyd v. BloomIndiana Supreme Court · 1899
- Flener v. LawrenceCourt of Appeals of Kentucky · 1920
- Fortner v. Eldorado Springs Resort Co.Supreme Court of Colorado · 1924
- Miller v. PettitCourt of Appeals of Kentucky · 1907
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