Legal Opinion

Sargent Co. v. Baublis

Appellate Court of Illinois

Decided July 13, 1906No. Gen. No. 12,604PublishedCited by 4 opinions

Bill for injunction. Appeal from the Superior Court of Cook County; the Hon. Marcus Kavanagh, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1905.

1Opinion of the Court

Me. Peesiding Justice Smith

delivered the opinion of the court.

The only question presented. cn this appeal is the sufficiency of appellant’s bill of complaint to entitle it to the relief prayed.

Under the chancery practice in this state, a motion to1 dismiss a bill in equity may be made properly by the defendant on the ground that there is no equity apparent on the face of the bill, or that the court had no jurisdiction, though such is not the generally approved chancery practice. In such cases tne motion is treated as a general demurrer, admitting all the facts well pleaded by the bill. A bill…

2Cases cited9 opinions

  1. Marine Ins. Co. of Alexandria v. HodgsonSupreme Court of the United States · 1813
  2. Waller v. GravesSupreme Court of Connecticut · 1850
  3. Nelson v. RockwellIllinois Supreme Court · 1853
  4. Preston v. OteySupreme Court of Virginia · 1891
  5. Fletcher v. PeopleIllinois Supreme Court · 1886

4 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Boise Payette Lumber Co. v. Idaho Gold Dredging Corp.Idaho Supreme Court · 1936
  2. Sheppard v. Berkshire Life InsuranceAppellate Court of Illinois · 1911
  3. Wackerle v. NiesAppellate Court of Illinois · 1936
  4. Sargent Co. v. IvesAppellate Court of Illinois · 1910

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