Legal Opinion

Edward Hines Lumber Co. v. Scott

Appellate Court of Illinois

Decided April 18, 1902PublishedCited by 4 opinions

Bill for an Injunction.—Appeal from the Superior Court of Cook bounty; the Hon. Philip Stein, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1901. This was a bill in equity, brought by the appellant against H. JVI. Scott and six other defendants for the purpose of preventing a multiplicity of suits, for an injunction and an accounting. A preliminary injunction was granted without notice. A motion was made to dissolve the injunction.

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Bill for an Injunction.—Appeal from the Superior Court of Cook bounty; the Hon. Philip Stein, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1901. This was a bill in equity, brought by the appellant against H. JVI. Scott and six other defendants for the purpose of preventing a multiplicity of suits, for an injunction and an accounting. A preliminary injunction was granted without notice. A motion was made to dissolve the injunction. By consent, as appears in the order, this motion was treated as a demurrer; the motion to dissolve was sustained and the bill was…

1Opinion of the CourtJustice Watermah

Appellant in support of its bill to prevent a multiplicity of suits says: In section 245, volume 1, Pomeroy subdivides the grounds of this jurisdiction into four classes, and we claim that this case comes under class four, which is defined in the following language:

“ Where the same party, A, has or claims to have some common right against a number of persons, the establishment of which would regularly require a separate action brought by him against each of these persons, or brought by each of them against him, and instead thereof he might procure the whole to be determined in one suit…

2Cases cited1 opinion

  1. Burnett v. LesterIllinois Supreme Court · 1870

3Cited by4 opinions

  1. Shatz v. PaulAppellate Court of Illinois · 1955
  2. Vandalia Coal Co. v. LawsonIndiana Court of Appeals · 1909
  3. O'Connor v. Board of TrusteesAppellate Court of Illinois · 1910
  4. Adams v. OberndorfAppellate Court of Illinois · 1905

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