City of Chicago v. Gregsten
Illinois Supreme Court
Appeal from the Appellate Court for the First District; — heard in that court on appeal from the Circuit Court of Cook county; the Hon. Thos. G. Windes, Judge, presiding.
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Appeal from the Appellate Court for the First District; — heard in that court on appeal from the Circuit Court of Cook county; the Hon. Thos. G. Windes, Judge, presiding. September 29, 1890, the appellees, Samuel Gregsten and Andrew Cummings, filed a bill of complaint in this cause, praying that the city of Chicago and the commissioner of public works be restrained from ejecting them from the vault or space underneath the alley in the rear of the premises occupied by said appellees, fronting on Dearborn street, Chicago. The bill of complaint was afterwards amended, by leave of court.…
1Opinion of the CourtJustice Craig
Under the facts, as they appear from the foregoing statement, the only question presented by the record is whether the appellant, after the cause was remanded to the circuit court, was entitled to put in a new answer and thus open up the cause for another hearing, or was the court justified in entering a final decree in harmony with the opinion of this court.
It will be observed that when the cause was first submitted to the circuit court, the question determined was not merely that the injunction should be dissolved, but there was a hearing on the pleadings and affidavits, which were treated…
2Cases cited2 opinions
- Hollowbush v. McConnelIllinois Supreme Court · 1850
- Leiter v. FieldAppellate Court of Illinois · 1887
3Cited by3 opinions
- Butler v. ThompsonWest Virginia Supreme Court · 1902
- Blackaby v. BlackabyIllinois Supreme Court · 1901
- Noble v. TiptonIllinois Supreme Court · 1906