F. J. McCain Co. v. Kingsley
Appellate Court of Illinois
Action on the case for personal injuries. Error to the Circuit Court of Cook County; the Hon. John Gibbons, Judge, presiding. Heard in this court at the October term, 1905. Statement by the Court. February 5, 1896, Kingsley, while working for plaintiff in error, was injured. He brought an action for damages and on July 14, 1900, recovered a judgment in the sum of $7,000. December 17, 1904, plaintiff in error brought the record to this court.
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Action on the case for personal injuries. Error to the Circuit Court of Cook County; the Hon. John Gibbons, Judge, presiding. Heard in this court at the October term, 1905. Statement by the Court. February 5, 1896, Kingsley, while working for plaintiff in error, was injured. He brought an action for damages and on July 14, 1900, recovered a judgment in the sum of $7,000. December 17, 1904, plaintiff in error brought the record to this court. It seems that no prceoipe asking for a writ of error was filed, nor was any writ of error ever issued. The defendant in error made a motion to strike the…
1Opinion of the Court
Hr. Justice Ball
delivered the opinion of the court.
In Birkby v. Solomons, 15 Ill. 122, the court say that “ where the record is brought up by the party and filed in the first instance, the writ is unnecessary, or, at most, is but matter of form.”
In People v. Eose, 207 111. 352, it is held that the cancellation of the charter of a corporation by the Secretary of State, under the Act of 1901, does not work a forfeiture, but is simply prima faoie evidence of non-user, which may be availed of by the People in a proceeding to forfeit the charter. The legal existence of a corporation, or the…
2Cases cited8 opinions
- Armour v. HahnSupreme Court of the United States · 1884
- Clark v. ListonAppellate Court of Illinois · 1894
- Eddleman v. Union County Traction & Power Co.Illinois Supreme Court · 1905
- Richardson v. Anglo-American Provision Co.Appellate Court of Illinois · 1897
- Chicago Edison Co. v. DavisAppellate Court of Illinois · 1901
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3Cited by4 opinions
- Weber v. Northern Illinois Gas Co.Appellate Court of Illinois · 1973
- Wells Bros. v. ManionAppellate Court of Illinois · 1908
- Heatley v. George A. Fuller Co.Appellate Court of Illinois · 1911
- William Grace Co. v. GallagherAppellate Court of Illinois · 1907