Legal Opinion

Allen v. Hickey

Appellate Court of Illinois

Decided May 22, 1894PublishedCited by 2 opinions

Memorandum.—In chancery. Appeal from the Circuit Court of Will County; the Hon. Dorrance Dibell, Judge, presiding. Heard in this court at the December term, 1893, and affirmed. Statement of the Case. John Hickey, a resident of Chenoa, McLean county, employed Frank S. Allen, residing and doing business as an architect at Joliet, Will county, to prepare plans and specifications for a building at Chenoa, and to superintend its erection.

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Memorandum.—In chancery. Appeal from the Circuit Court of Will County; the Hon. Dorrance Dibell, Judge, presiding. Heard in this court at the December term, 1893, and affirmed. Statement of the Case. John Hickey, a resident of Chenoa, McLean county, employed Frank S. Allen, residing and doing business as an architect at Joliet, Will county, to prepare plans and specifications for a building at Chenoa, and to superintend its erection. A difference arose as to the cost of construction, and appellee, on the 19th of December, 1889, began suit against Allen in the Circuit Court of Will County. By…

1Opinion of the Court

Mr. Presiding Justice Harker

delivered the opinion of the Court.

That a court of equity has power to relieve against a judgment at law which has been obtained without process or by other fraudulent means, is well established by decisions of our Supreme Court. Owens v. Ranstead, 22 Ill. 161; David v. Dresback et al., 81 Ill. 393; C. & St. L. R. R. Co. v. Holbrook, 92 Ill. 297; Colson v. Leitz, 110 Ill. 504.

It must appear, however, that the party seeking relief has himself been guilty of no laches, and that he has been deprived of the opportunity of asserting his defense through some accident,…

2Cases cited4 opinions

  1. Owens v. RansteadIllinois Supreme Court · 1859
  2. Davis v. DresbackIllinois Supreme Court · 1876
  3. Colson v. LeitchIllinois Supreme Court · 1884
  4. Cairo & St. Louis Railroad v. HolbrookIllinois Supreme Court · 1879

3Cited by2 opinions

  1. Gardner v. Lincoln Bank & Trust Co.Court of Appeals of Kentucky (pre-1976) · 1933
  2. Thomson v. MosserAppellate Court of Illinois · 1950

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