Peck v. Herrington
Illinois Supreme Court
Appeal from the Appellate Court for the Second District; —heard in that court on appeal from the Circuit Court of Kane county. Herrington exhibited his bill in chancery in the circuit court, against Peck and Booth, by which it was sought to enjoin the defendants from opening a ditch on their own lands, through which the water of certain ponds on the lands of defendants would be discharged upon the lands of complainant.
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Appeal from the Appellate Court for the Second District; —heard in that court on appeal from the Circuit Court of Kane county. Herrington exhibited his bill in chancery in the circuit court, against Peck and Booth, by which it was sought to enjoin the defendants from opening a ditch on their own lands, through which the water of certain ponds on the lands of defendants would be discharged upon the lands of complainant. The circuit court dismissed the bill. . On appéal to the Appellate Court, that court found the facts differently from the circuit court, in respect to the threatened injury to…
1Opinion of the Court
Mulkey, J.:
This was not a suit for the recovery of money, but simply to restrain a person from inflicting a threatened injury on the appellee’s land. It does not fall within the category of any of those cases in which a right of appeal is made to depend upon the amount in controversy. The ease falls within the residuary clause of the 8th section of the Appellate Court act, (Sess. Laws 1877, 70,) which gives the right of appeal from the Appellate Court to this court “in all other cases” not embraced in the enumeration in the preceding part of that section. We think the appeal will lie.
Motion…
2Cited by1 opinion
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