Legal Opinion

Gillett v. Booth

Illinois Supreme Court

Decided May 18, 1880PublishedCited by 8 opinions

Writ of Error to the Appellate Court for the Second District; the Hon. Joseph Sibley, presiding Justice, and the Hon. Edwin S. Leland and Hon. N. J. Pillsbury, Justices.

1Opinion of the CourtJustice Scholfield

On the 3d of May, 1868, Joel B. Gillett filed his bill in chancery, in the circuit court of Peoria county, against Henry A. Booth, praying that Booth be enjoined from harvesting a certain crop of rye therein described. A temporary injunction was issued thereon, and Booth subsequently filed his answer to the bill.

On the 21st of January, 1878, Booth moved to strike the cause from the docket, upon the ground that, “from the records of said court, it appears to have been long ago heard, decided and disposed of by decree upon the merits.” At the same time, Gillett made a cross-motion to retain the…

2Cases cited3 opinions

  1. Coughran v. GutcheusIllinois Supreme Court · 1857
  2. Church v. EnglishIllinois Supreme Court · 1876
  3. Forquer v. ForquerIllinois Supreme Court · 1857

3Cited by8 opinions

  1. Kaufman v. ShainCalifornia Supreme Court · 1896
  2. Condon v. BrockwayIllinois Supreme Court · 1895
  3. Metropolitan Trust Co. v. YoungAppellate Court of Illinois · 1952
  4. Heintz v. PrattAppellate Court of Illinois · 1894
  5. Millard v. CooperAppellate Court of Illinois · 1882

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