Kimball v. Walker
Illinois Supreme Court
This was a bill in chancery filed by plaintiff in error against defendants in error, on the 5th day of February, 1858, in the Circuit Court of Cook county.
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This was a bill in chancery filed by plaintiff in error against defendants in error, on the 5th day of February, 1858, in the Circuit Court of Cook county. The bill states, that prior to the 1st day of July, 1854, complainant, together with John Frink, Martin O. Walker, Lorenzo P. Sanger, Cyrus- D. Davis, and David L. Moore, were engaged in the staging business in the State of Illinois and other States, under the name, etc., of John Frink & Co., and were the owners of a large amount of personal property and real estate. That on or about the first day of July, 1854, the firm of John Frink &…
1Opinion of the CourtBreese, J.
A question was presented on the argument of this cause, which was not made in the court below, as to the jurisdiction. The rule is well settled that where adequate relief can be had at law, and where the subject-matter of controversy is purely a question of law, a court of chancery will not entertain jurisdiction. The authorities hold, however, if the objection is not taken advantage of by plea or demurrer, in the first instance, it cannot be urged on error or on appeal. 1 Daniel’s Ch. Practice, 636. This is no doubt the rule as to the parties, but we hold it is in the power of the court at…
Also in this document: Per curiam.
2Cases cited5 opinions
- Belden v. SeymourSupreme Court of Connecticut · 1831
- Shephard v. LittleNew York Supreme Court · 1817
- Sprigg v. Bank of Mount PleasantSupreme Court of the United States · 1840
- Ayres v. McConnelIllinois Supreme Court · 1853
- Boniface v. ScottSupreme Court of Pennsylvania · 1817
3Cited by29 opinions
- Howell v. MooresIllinois Supreme Court · 1889
- Illinois Central Insurance v. WolfIllinois Supreme Court · 1865
- Russell v. RobbinsIllinois Supreme Court · 1910
- Crawford v. SchmitzIllinois Supreme Court · 1891
- Lloyd v. SanduskyIllinois Supreme Court · 1903
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