Legal Opinion

Weaver v. Fisher

Illinois Supreme Court

Decided May 19, 1884PublishedCited by 22 opinions

Writ op Error to the Appellate Court for the First District ;—heard in that court on appeal from the Superior Court of Cook county; the Hon. George Gardner, Judge, presiding Wilhelmina Fisher exhibited her bill in chancery in the Superior Court of Cook county, .against John H. Weaver, wherein, among other things, she alleged that on the 1st of September, 1880, she and said Weaver entered into an agreement, whereby she hired him to assist her in conducting the milling…

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Writ op Error to the Appellate Court for the First District ;—heard in that court on appeal from the Superior Court of Cook county; the Hon. George Gardner, Judge, presiding Wilhelmina Fisher exhibited her bill in chancery in the Superior Court of Cook county, .against John H. Weaver, wherein, among other things, she alleged that on the 1st of September, 1880, she and said Weaver entered into an agreement, whereby she hired him to assist her in conducting the milling business, in which she was then engaged, as clerk and manager of the office part, but not in running the mill, for one year,…

1Opinion of the CourtJustice Scholfield

Three grounds are urged for reversing the decree of the Appellate Court: First, if the subject matter of litigation is such that any relief should be granted, the remedy is at law, and not in equity; second, but the subject matter of litigation is not such as the court can act upon to grant any relief; and third, in any view, the hoard of trade is an indispensable party. These will be briefly considered, in the order stated.

First—The agreement set out in the bill, admitted in the answer, and read in evidence on the hearing, whereby the defendant agreed to act as clerk of the complainant and…

2Cases cited2 opinions

  1. Barclay v. SmithIllinois Supreme Court · 1883
  2. Smith v. WeightIllinois Supreme Court · 1868

3Cited by22 opinions

  1. O'BRIEN v. MatualAppellate Court of Illinois · 1957
  2. In Re Marriage of RochfordAppellate Court of Illinois · 1980
  3. Spencer v. PettitCourt of Appeals of Texas · 1924
  4. Warner v. MettlerIllinois Supreme Court · 1913
  5. W. G. Press & Co. v. FahyIllinois Supreme Court · 1924

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